Oregon Law
Law as of Jan 1, 2024
Chapter contents
657B.005Legislative findings 657B.010Definitions 657B.015Benefit eligibility 657B.020Qualifying purposes for benefits; duration of benefits 657B.023Determining family member by reason of affinity 657B.025Coordination of leave 657B.030Use of other paid leave benefits in addition to paid family and medical leave insurance benefits 657B.040Notice to employers prior to commencing leave; exceptions 657B.050Amount of benefits; limits on weekly benefit amount; extent to which benefits are payable 657B.060Job protection; benefits; discrimination prohibited 657B.070Denying leave; discrimination and retaliation prohibited; remedies for violation; exception 657B.080False statements or failure to report material fact by employer 657B.090Claim for benefits; leave increment requirements 657B.100Allowing or denying claim; notice of denial; decision final unless hearing requested 657B.110Continuous jurisdiction of director; reconsideration of previous decisions 657B.120[2019 c.700 §15; 2023 c.120 §9; renumbered 657B.332 in 2023] 657B.130Elective coverage for certain individuals; notice of election; termination of coverage; rules for collection of contributions and benefit overpayments 657B.150Contributions; director to set rates; reporting requirements for employers; rules for successor in interest 657B.175Effect of place of performance of service 657B.180Unlawful practices of employer 657B.190Employer’s security for payment of contributions 657B.200Employer assistance grants; eligibility; rules 657B.210Equivalent plans, generally; rules; fee 657B.220Director review of benefits provided under equivalent plan; termination of noncompliant plan 657B.230Application for reapproval of plan 657B.240Withdrawal from plan; handling of employee deductions 657B.250Portability of benefits and retention of eligibility status between jobs 657B.260Successor in interest required to continue offering approved plan to eligible employees until withdrawal of plan; request for withdrawal 657B.280Delinquent contributions and improper benefit payments as liens on real or personal property; foreclosure 657B.290Filing of lien statement or warrant 657B.300Alternative remedies for collection of amounts liable to be repaid; warrants; execution by sheriff 657B.310Release, compromise or satisfaction of lien 657B.320Delinquent contributions or grant repayments; interest; civil penalties; collection by civil action; settlement 657B.330Liability of certain officers, members, partners or employees for amounts in default 657B.332False statements or failure to report material fact; recovery of erroneous benefit payments due to misrepresentation or nondisclosure; notice requirements; penalties; rules 657B.334Ineligibility for benefits upon conviction of fraud in obtaining benefits 657B.335Deduction of benefits paid in error not due to recipient fault; director discretion; civil action by director to recover benefits paid in error 657B.336Waiver of recovery of overpaid benefits 657B.337Cancellation of unrecoverable benefit payments and amounts of interest or penalties due and unpaid 657B.338Request for offset of moneys owed to debtor by Department of Revenue against certain amounts owed by debtor; fees 657B.339Authority of director to compromise or adjust contribution debts or overpayments 657B.340Family and medical leave insurance program; administration of program; rules; state agency assistance 657B.350Third party administrator; agreements; oversight by director 657B.360Determining number of employees employed by employer; replacement workers; rules 657B.370Computation and assessment of employer contributions and interest; jeopardy assessments; application for hearing 657B.380Advisory committee; membership; terms 657B.390Employment records; inspection 657B.400Confidentiality of information; disclosures of information by Employment Department; rules 657B.410Appeals process, generally; process subject to judicial review 657B.420Appeals of decisions under equivalent employer plan; rules 657B.425Dismissal of request or application for hearing 657B.430Paid Family and Medical Leave Insurance Fund 657B.440Employer required to provide notice advising employees of rights and duties 657B.460Construction of chapter 657B.470Preemption of local laws relating to paid family and medical leave 657B.480State agency assistance; intergovernmental agreements 657B.900Criminal penalties 657B.910Penalty when employer fails to file contribution reports or pay contributions when due; notice of failure; waiver 657B.920Penalty when employer fails to file reports; amount of penalty; request for deletion of penalty 657B.925Penalties for employer violation of requirements applicable to employer-offered benefit plans

Chapter 657B — Family and Medical Leave Insurance

ORS 657B.360 Determining number of employees employed by employer; replacement workers; rules

(1)

Subject to subsection (2) of this section, for purposes of ORS 657B.060 and 657B.150, the Director of the Employment Department shall establish by rule a method to determine on an annual basis the number of employees employed by an employer. The method shall require that the determination be based on the average number of employees employed by the employer in the 12-month period immediately preceding the date on which the determination is made.

(2)

A replacement worker who is hired to temporarily replace an eligible employee during a period of family leave, medical leave or safe leave shall not be counted as an employee for purposes of determining the number of employees employed by an employer.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.