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Oregon proposes accounting fix to comply with new IRS guidance for paid leave

Senate Interim Committee on Labor and Business · January 13, 2026
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Summary

State labor officials told the Senate committee that an accounting method labeling contributions by source would avoid new payroll-tax liabilities from an IRS ruling and spare employers, workers and the trust fund significant costs; OED seeks narrow rulemaking authority in LC 2020.

Oregon employment officials on Tuesday urged the Senate Interim Committee on Labor and Business to approve a narrow legislative concept to let the Employment Department adopt rules creating an accounting system for the state's paid family and medical leave trust fund.

The department's acting paid-leave director, Juan Serratos, told the committee that a recent IRS guidance changes how paid-leave contributions and benefits are treated for federal tax purposes and could make employer-funded portions of medical-leave benefits count as wages. "The implementation would require thousands of system programming hours, which would cost $5,600,000 and about $20,000,000 annually in payroll tax…

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