Or. Admin. Code § 471-070-1445

Current through Register Vol. 63, No. 10, October 1, 2024

Section 471-070-1445 - Benefits: Self-Employed Benefit Calculation

(1) For any self-employed individual who elects Paid Family and Medical Leave Insurance (PFMLI) coverage under OAR 471-070-2010 and pays contributions as provided in OAR 471-070-2030, the weekly benefit amount that an individual may qualify for is determined as follows:

(a) If the self-employed individual's average weekly income is equal to or less than 65 percent of the average weekly wage, the individual's weekly benefit amount shall be 100 percent of the self-employed individual's average weekly income.

(b) If the self-employed individual's average weekly income is greater than 65 percent of the average weekly wage, the individual's weekly benefit amount is the sum of:

(A) 65 percent of the average weekly wage; and

(B) 50 percent of the self-employed individual's average weekly income that is greater than 65 percent of the average weekly wage.

(2) Notwithstanding section (1) of this rule:

(a) The maximum weekly benefit amount is 120 percent of the average weekly wage.

(b) The minimum weekly benefit amount is five percent of the average weekly wage.

(3) If a self-employed individual is taking less than a full week of leave, the department will prorate the weekly benefit amount as specified in OAR 471-070-1440.

Or. Admin. Code § 471-070-1445

ED 5-2023, adopt filed 07/31/2023, effective 8/1/2023

Statutory/Other Authority: ORS 657B.340

Statutes/Other Implemented: ORS 657B.050