Chapter 657B — Chapter 657B

ORS 657B.005 Legislative findings. The Legislative Assembly finds that

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ORS 657B.010 Definitions. As used in this chapter

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ORS 657B.015 Benefit eligibility. Family and medical leave insurance benefits are available to any of the following during a period of family leave, medical leave or safe leave

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ORS 657B.020 Qualifying purposes for benefits; duration of benefits. (1) A covered individual may qualify for up to 12 weeks of family and medical leave insurance benefits per benefit year for leave taken for any of the following purposes, in any combination

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ORS 657B.023 Determining family member by reason of affinity. In order to determine whether an individual qualifies as a family member by reason of affinity, as that term is used in ORS 657B.010, consideration shall be given to whether there exists a significant personal bond attributed to factors, established by the Director of the Employment Department by rule, that, when examined in total, resemble a family relationship. [2023 c.203 §10]

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ORS 657B.025 Coordination of leave. Any family leave or medical leave taken under this chapter must be taken concurrently with any leave taken by an eligible employee under the federal Family and Medical Leave Act of 1993 (P.L. 103-3) for the same purposes. [2019 c.700 §5; 2024 c.20 §14]

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ORS 657B.030 Use of other paid leave benefits in addition to paid family and medical leave insurance benefits. (1) Family and medical leave insurance benefits are in addition to any paid sick time under ORS 653.606, vacation leave or other paid leave earned by an employee

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ORS 657B.040 Notice to employers prior to commencing leave; exceptions. (1) Except as provided in subsection (2) of this section, an employer may require an eligible employee to give the employer written notice at least 30 days before commencing a period of family leave, medical leave or safe leave. The employer may require the employee to include in the notice an explanation of the need for the leave

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ORS 657B.050 Amount of benefits; limits on weekly benefit amount; extent to which benefits are payable; exemptions from garnishment. (1) The Director of the Employment Department shall set the weekly benefit amount of family and medical leave insurance benefits that a covered individual qualifies for as follows

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ORS 657B.060 Job protection; benefits; discrimination prohibited. (1)(a) Except as provided in paragraph (b) of this subsection, after returning to work after a period of family leave, medical leave or safe leave, an eligible employee is entitled to be restored to the position of employment held by the employee when the leave commenced, if that position still exists, without regard to whether the employer filled the position with a replacement worker during the period of leave. If the position held by the employee at the time leave commenced no longer exists, the employee is entitled to be restored to any available equivalent position with equivalent employment benefits, pay and other terms and conditions of employment. If an equivalent position is not available at the job site of the employee’s former position, the employer shall offer the employee an equivalent position at a job site located within 50 miles of the job site of the employee’s former position, if such a position is available. If equivalent positions are available at multiple job sites, the employer shall first offer the employee the position at the job site that is nearest to the job site of the employee’s former position

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ORS 657B.070 Denying leave; discrimination and retaliation prohibited; remedies for violation; exception; statute of limitations tolled during appeal. (1) It is an unlawful employment practice for an employer to

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ORS 657B.080 False statements or failure to report material fact by employer. It is unlawful for an employer to willfully make or cause to be made false statements or to willfully fail to report a material fact regarding the claim of an employee of the employer or regarding an employee’s eligibility for benefits under this chapter. [2019 c.700 §29]

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ORS 657B.090 Claim for benefits; leave increment requirements; authorized agents; rules. (1) Except as otherwise provided under this section, family and medical leave insurance benefits are not payable to a covered individual unless

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ORS 657B.100 Allowing or denying claim; notice of denial; decision final unless hearing requested. (1) The Director of the Employment Department shall promptly examine each claim for family and medical leave insurance benefits and, on the basis of the facts available, make a decision to allow or deny the claim. Information furnished in the claim, as prescribed by the director by rule, must be accompanied by a written or electronically signed statement that such information is true and correct to the best of the individual’s knowledge

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ORS 657B.110 Continuous jurisdiction of director; reconsideration of previous decisions. (1) The Director of the Employment Department, upon motion of the director or upon application of a covered individual, may at any time reconsider any final decision under this chapter. Reconsideration may occur when there is evidence of

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ORS 657B.120 [2019 c.700 §15; 2023 c.120 §9; renumbered 657B.332 in 2023]

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ORS 657B.130 Elective coverage for certain individuals; notice of election; termination of coverage; rules for collection of contributions and benefit overpayments. (1) Except as provided in subsections (2) and (3) of this section, a self-employed individual may elect to be covered under this chapter for a period of not less than three years. The self-employed individual must file a notice of election in writing with the Director of the Employment Department and contribute to the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430 in the manner prescribed by the director by rule. The election becomes effective on the date the notice is filed. The self-employed individual must agree to supply any information concerning taxable income that the director deems necessary

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ORS 657B.150 Contributions; director to set rates; reporting requirements for employers; rules for successor in interest. (1)(a) Except as otherwise provided in subsections (3) and (4) of this section and ORS 657B.210 (4), all employers and employees shall contribute to the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430

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ORS 657B.175 Effect of place of performance of service. (1) An employee’s wages shall be used to make determinations under this chapter if the wages are earned for service that is

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ORS 657B.180 Unlawful practices of employer. (1) An employer may not willfully refuse or fail to pay a contribution to the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430 or to furnish any report, audit or information duly required by the Director of the Employment Department under this chapter

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ORS 657B.190 Employer’s security for payment of contributions. (1) If, upon satisfactory evidence, the Director of the Employment Department finds it necessary for the protection of the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430, the director may require any employer subject to this chapter, other than the State of Oregon, and every state officer, board, commission, department, institution, branch, agency or political subdivision of this state, to deposit and keep on deposit with the director a sum equal to the contributions due or estimated to be due from the employer for a period of three calendar quarters

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ORS 657B.200 Employer assistance grants; eligibility; rules. (1) Except as provided in subsection (2) of this section, employers that employ fewer than 25 employees and that make the required contributions under ORS 657B.150 may apply to the Employment Department to receive one of the following grants

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ORS 657B.210 Equivalent plans, generally; rules; fee. (1)(a) An employer may apply to the Director of the Employment Department for approval of an employer-offered benefit plan that provides family and medical leave insurance benefits to the employer’s employees

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ORS 657B.220 Director review of benefits provided under equivalent plan; termination of noncompliant plan. (1)(a) At such times as may be established by the Director of the Employment Department by rule, the director shall review the family and medical leave insurance benefits provided under a plan that has been approved under ORS 657B.210

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ORS 657B.230 Application for reapproval of plan. (1) Except as provided in ORS 657B.240, an employer shall resubmit an application to the Director of the Employment Department for reapproval of a plan that was approved under ORS 657B.210. An employer shall apply for reapproval once a year for a three-year period following the date on which the director first approved the plan

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ORS 657B.240 Withdrawal from plan; handling of employee deductions. (1) An employer may elect to withdraw from a plan that was approved under ORS 657B.210 in the manner specified by the Director of the Employment Department by rule provided that the plan has been in effect for at least one year

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ORS 657B.250 Portability of benefits and retention of eligibility status between jobs. (1) An employee who is a covered individual under the program established under ORS 657B.340 retains such status until the employee qualifies for coverage under a plan approved under ORS 657B.210

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ORS 657B.260 Successor in interest required to continue offering approved plan to eligible employees until withdrawal of plan; request for withdrawal. (1) Except as provided in subsection (2) of this section, a plan that has been approved under ORS 657B.210 and that is in effect at the time a successor in interest acquires the organization, trade or business, or substantially all assets of the organization, trade or business or a distinct and severable portion of the organization, trade or business, and continues its operation without substantial reduction of personnel resulting from the acquisition, must continue to be offered to eligible employees and the successor in interest may not withdraw the plan without a specific request for withdrawal in a manner prescribed by the Director of the Employment Department by rule

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ORS 657B.280 Delinquent contributions and improper benefit payments as liens on real or personal property; foreclosure. (1) This section applies to

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ORS 657B.290 Filing of lien statement or warrant. (1) Any warrant attaching the lien under ORS 657B.280 may also be filed in the office of the Secretary of State. Filing in the office of the Secretary of State has no effect until a copy of the statement of lien or the warrant has been recorded with the county clerk

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ORS 657B.300 Alternative remedies for collection of amounts liable to be repaid; warrants; execution by sheriff. (1) In any case in which the Director of the Employment Department may bring a civil action for the collection of amounts liable to be repaid under ORS 657B.280, interest on those amounts or penalties, the director may instead issue a warrant for the amount liable to be repaid with the added interest, penalties, collection charges and the sheriff’s costs of executing the warrant. The Employment Department shall mail or deliver a copy of the warrant to the last known address of the employer, individual or person

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ORS 657B.310 Release, compromise or satisfaction of lien. (1)(a) The Director of the Employment Department may release, compromise or satisfy any lien provided for in ORS 657B.280 and 657B.290 by filing a notice of release or satisfaction with the county clerk of the county in which the notice of lien claim was filed

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ORS 657B.320 Delinquent contributions or grant repayments; interest; civil penalties; collection by civil action; settlement. (1) If an employer defaults with respect to any amount of contributions required to be made by the employer to the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430 or with respect to the repayment of any grant moneys awarded to the employer under ORS 657B.200 for which the employer was not eligible, the unpaid amount, together with interest and penalties, shall be collected by the Director of the Employment Department in a civil action against the employer brought in the name of the director

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ORS 657B.330 Liability of certain officers, members, partners or employees for amounts in default. (1) This section applies to an individual who is one or more of the following

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ORS 657B.332 False statements or failure to report material fact; recovery of erroneous benefit payments due to misrepresentation or nondisclosure; notice requirements; penalties; rules. (1) An employer may not willfully make or cause to be made false statements or willfully fail to report a material fact regarding the claim of an eligible employee or regarding an employee’s eligibility for family and medical leave insurance benefits under this chapter

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ORS 657B.334 Ineligibility for benefits upon conviction of fraud in obtaining benefits. (1) If a person is convicted by a court of competent jurisdiction of willfully making a false statement or misrepresentation, or willfully failing to report a material fact, to obtain any benefits under this chapter, in addition to any penalties imposed by the court, the person shall

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ORS 657B.335 Deduction of benefits paid in error not due to recipient fault; director discretion; civil action by director to recover benefits paid in error. (1)(a) If the Director of the Employment Department decides that a covered individual has been paid benefits to which the covered individual is not entitled because of an error not due to the covered individual providing a false statement or misrepresentation of a material fact or not disclosing a material fact, or because an initial decision to pay benefits is subsequently reversed by a decision finding that the covered individual is not eligible for the benefits, then the covered individual is liable to have the amount of any benefits paid in error deducted from any future benefits otherwise payable to the covered individual under this chapter for any week or weeks within five years following the week in which the decision establishing the erroneous payment became final

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ORS 657B.336 Waiver of recovery of overpaid benefits. (1) The Director of the Employment Department shall waive recovery of overpaid benefits under ORS 657B.335 if the director finds that the benefits are recoverable due to a change in state law, the application of which has caused the disqualification of benefits previously paid

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ORS 657B.337 Cancellation of unrecoverable benefit payments and amounts of interest or penalties due and unpaid. (1)(a) If any amount paid to a covered individual as benefits, for which the covered individual has been found liable under the provisions of ORS 657B.332 to repay or to have deducted from benefits payable, has been neither repaid nor deducted within a period of five years following the date the decision establishing the overpayment became final, and is equal to or less than one-half of the state maximum weekly benefit amount in effect at the time the overpayment is discovered, or determined by the Director of the Employment Department to be uncollectible, the overpayment, together with the record of the overpayment and the resulting shortage, may be canceled

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ORS 657B.338 Request for offset of moneys owed to debtor by Department of Revenue against certain amounts owed by debtor; fees. (1) The Director of the Employment Department may pay a fee charged by the Department of Revenue pursuant to ORS 293.250 for processing a request to offset against liquidated state debt a state tax refund owed to the debtor

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ORS 657B.339 Authority of director to compromise de minimis program debts and interest and penalties, retain de minimis overpayments; uncollectible accounts; recordkeeping. (1) As used in this section, “grant repayment” means a repayment of grant moneys awarded to an employer under ORS 657B.200 for which the employer was not eligible

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ORS 657B.340 Family and medical leave insurance program; administration of program; rules; state agency assistance. (1) The Director of the Employment Department shall establish a family and medical leave insurance program to provide family and medical leave insurance benefits to a covered individual as specified in this chapter

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ORS 657B.350 Third party administrator; agreements; oversight by director. (1) The Director of the Employment Department may enter into an agreement with a third party to implement this chapter and to serve as the administrator of the program established under ORS 657B.340. The director may enter into such an agreement only on a competitive bid basis

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ORS 657B.355 Bureau of Labor and Industries to have oversight for provisions relating to job retention, retaliation and discrimination; rules. Notwithstanding any other provision under this chapter, the Bureau of Labor and Industries is responsible for administrative and regulatory oversight regarding the requirements under ORS 657B.060, and the provisions of ORS 657B.070 relating to retaliation and discrimination, and shall adopt any rules necessary and proper for the administration of those sections. [2025 c.85 §2]

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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

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ORS 657B.370 Computation and assessment of employer contributions and interest; jeopardy assessments; application for hearing. (1)(a) If an employer files a report for the purpose of determining the amount of contributions due under ORS 657B.150 but fails to pay contributions or interest, the Director of the Employment Department may assess the amount of contributions or interest due on the basis of the information submitted and shall give written notice of the assessment to the employer by mail sent to the employer’s last known address of record with the director

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ORS 657B.380 Advisory committee; membership; terms. (1) The Director of the Employment Department shall establish an advisory committee to review issues related to the implementation and administration of the family and medical leave insurance program established under ORS 657B.340 and rulemaking related to the program

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ORS 657B.390 Employment records; inspection. (1) All employers shall maintain payroll records, including account records that document employee contributions and expenses, and employment records that reflect the total hours worked by all employees and the amount of leave taken by employees under this chapter for the current calendar year and the three prior calendar years

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ORS 657B.400 Confidentiality of information; disclosures of information by Employment Department; rules. (1) Except as provided in subsections (2) to (7) and (10) of this section, all information in the records of the Employment Department or a third party administrator pertaining to the administration of this chapter

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ORS 657B.410 Appeals process, generally; process subject to judicial review; representation in proceeding. (1) The Director of the Employment Department shall establish a process by which

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