Oregon Maternity & Paternity Leave | How Long & How Much?

Oregon maternity and paternity leave can last for zero, twelve, or twenty-four weeks, and soon new parents will enjoy paid time off as well.

The Oregon Paid Family Leave program kicks in on January 1, 2023.

Until that time, short-term disability is the only vehicle for mothers to self-generate wage replacement benefits, but you must enroll before conception.

The Oregon Family Leave Act offers twelve weeks of unpaid job-protected time off from work for those who qualify. Mothers can add an extra twelve weeks for pregnancy-related reasons, and fathers to provide home care for a sick child.

Oregon Paid Maternity Leave Amount

The Oregon Paid Family and Medical Leave Insurance (OPFMLI) program will provide income support lasting up to twelve weeks for both mothers and fathers after the effective date: January 1, 2023.

Once effective, your earnings relative to the State Average Weekly Wage (SAWW: $1,045 at time of publication) determines the amount you receive.[1]

  • 100% replacement of earnings less than 65% of the SAWW (about $679 per week or $35,308 annually)
  • 50% replacement of wages above 65% of the SAWW, subject to a limit of 120% (about $1,254)

However, this generous benefit offers no help with lost wages until that time, and parents will have to find alternatives during the interim.

Table Of Contents

Government Assistance

Government assistance during maternity leave could help you survive an extended period without help from OPFMLI. A variety of federal welfare programs can help new mothers and fathers pay their bills when they are off from work.

Lost earnings could make you eligible for some of these income-based supports.

  • Food Stamps (Supplemental Nutrition Assistance)
  • Women Infants & Children (WIC)
  • Temporary Assistance for Needy Families (TANF)
  • Low Income Home Energy Assistance Program (LIHEAP)

Short-Term Disability

Short-term disability in Oregon is the primary way that mothers can enjoy paid maternity leave benefits. However, you must start your policy before conception as insurance companies exclude coverage for any preexisting pregnancy.

When started before conception, a short-term disability policy could replace up to 70% of your lost wages for any of these commonly covered medical conditions.

  • Pregnancy disability leave before your due date
  • Maternity leave while recovering from childbirth
  • Postpartum medical disorders that delay return to work

However, short-term disability does not cover paternity leave as fathers can perform their work duties and do not have a qualifying medical condition.

Oregon Maternity Leave Length

Two laws combine to provide Oregon workers with critical job and health insurance protections during maternity and paternity leave. Your eligibility for each set of legal rights determines how long your time off might last.

  1. The federal Family Medical Leave Act (FMLA) is unpaid and applies to individuals and employers evenly across the country
  2. The Oregon Family Leave Act (OFLA) is unpaid applies to individuals working for employers with employees in the state [2]

OFLA and FMLA

The Oregon Family Leave Act and Family Medical Leave Act have different qualifying criteria and rules that result in an array of outcomes for how long the unpaid legal rights might last.

Your answer could be zero, twelve, or twenty-four weeks.

Family Member Definition

Family MemberOFLAFMLA
Spouse, child, parentYesYes
Grandparents and grandchildrenYesNo
Parents-in-lawYesNo
Same-gender domestic partnersYesNo
Children and parents of same-gender domestic partnersYesNo

Number of Weeks

Health ConditionOFLAFMLA
Birth, adoption, or foster care placement of a child1212
Care for a family member with a severe health condition1212
Employee’s own serious health condition1212
Pregnancy disability or prenatal care+120
Care for a sick child that requires home care+120

Eligibility Rules

Eligibility RuleOFLAFMLA
Time with employer180 days12 months
Hours worked6501,250
# Employees25+ in Oregon50+ in 75-mile radius

Pregnancy Disability

Pregnancy disability leave in Oregon provides an opportunity to illustrate the disparate outcomes for different sets of parents. A mother could enjoy zero, twelve, or twenty-four weeks of unpaid job-protected time off.

OFLA defines pregnancy disability leave as the time before or after the birth of a child and allows mothers to take an additional twelve weeks – if eligible.

  1. 0 weeks applies to mothers fitting into one of these groups
    1. Small business employees (less than 25 workers)
    1. Newly hired workers (less than 180 days)
    1. Part-time employees (averaging under 25 hours per week)
  2. 12 weeks applies to part-timers working 24 hours per week
    1. OFLA requires 25 hours
    1. FMLA requires 24 hours
  3. 24 weeks applies to all others meeting the OFLA criteria

Paternity Leave

Paternity leave in Oregon provides a second opportunity to illustrate the disparate outcomes for different sets of fathers. A new dad could enjoy zero, twelve, or twenty-four weeks of unpaid job-protected time off.

  • 0 Weeks
    • Men working for employers with less than 25 employees
    • Fathers with less than 180 days tenure at the current job
    • Men working part-time with less than 650 hours logged
  • 12 Weeks
    • Dads taking time to bond with his baby
    • Fathers caring for mothers with pregnancy complications
  • 24 Weeks
    • New dads providing at-home care for a sick infant

Oregon Maternity Leave FAQ

Scan through these frequently asked questions about maternity and paternity leave in Oregon. The answers might offer greater clarity concerning your legal rights.

In summary, every Oregon parent has homework to do about their legal rights during maternity or paternity leave. Three laws could apply in unique ways given many variables, including employer size and timing as just two examples.


Article Citations

[1] Oregon Paid Family Leave Insurance

[2] OFLA Rules

[3] Section 471-030-0038