Oregon Enacts New Paid Family Leave Requirements for Deceased or Incapacitated Individuals

July 01, 2025

On May 14, 2025, Gov. Kotek signed HB 3021 into law, which allows an authorized agent to act on behalf of a deceased or incapacitated individual in matters related to Paid Leave Oregon claims. Specifically, if a covered individual dies or becomes incapacitated before submitting a claim for payment of family and medical leave insurance benefits or before a final decision has been made regarding the approval or denial of a pending or existing claim, an authorized agent may engage in any of the following activities on behalf of the deceased or incapacitated covered individual:

1. Submit a claim for benefits.
2. Receive information about benefits due or paid to the covered individual.
3. Receive information concerning decisions regarding existing or pending claims previously submitted.
4. Request a hearing to obtain review of a final decision regarding any matters.
5. Submit any additional information necessary to complete a claim for benefits.

The bill’s provisions will take effect September 26, 2025. The requirements will apply to all private and public sector employees in Oregon. Employers should familiarize themselves with the new requirements if they receive questions from affected employees.

SB 858