Title 51, Labor and Employment; Unlawful Discrimination

The Legislative Assembly finds that: (1) Employees experience a variety of caregiving obligations that interfere with work time. (2) It is in the public interest to create a family and medical leave insurance program to provide to employees and certain other individuals compensat…

As used in this chapter: (1) “Alternate base year” means the last four completed calendar quarters preceding the benefit year. (2) “Average weekly wage” means the amount calculated by the Employment Department as the state average weekly covered wage under ORS 657.150 (4)(e) as d…

Family and medical leave insurance benefits are available to any of the following during a period of family leave, medical leave or safe leave: (1) An eligible employee who: (a) During the base year or alternate base year, as applicable, contributes to the Paid Family and Medical…

(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: (a) Family leave; (b) Medical leave; or (c) Safe leave. (2) In addition to the leave avai…

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 Employm…

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]

(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. (2)(a) Except as otherwise provided in paragraph (b) of this subsection, an employee is entitled to use any accrued p…

(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…

(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: (a) If the eligible employee’s average weekly wage is equal to or less than 65 percent of the avera…

(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…

(1) It is an unlawful employment practice for an employer to: (a) Violate ORS 657B.060. (b) Deny leave or interfere with any other right to which an eligible employee is entitled under this chapter. (c) Retaliate or in any way discriminate against an employee with respect to hire…

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] (Claims…

(1) Except as otherwise provided under this section, family and medical leave insurance benefits are not payable to a covered individual unless: (a) The individual submits a claim to the Director of the Employment Department in the manner determined by the director by rule; and (…

(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 …

(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: (a) Errors of computation; (b) Clerical e…

(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 Empl…

(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. (b) Contributions shall be paid by employers and e…

(1) An employee’s wages shall be used to make determinations under this chapter if the wages are earned for service that is: (a) Localized within this state; or (b) Not localized within any state, but some of the service is performed within this state and: (A) The base of operati…

(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. …

(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 St…

(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: (a) If the employer hires a temporary…

(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. (b) An employer that seeks approval of a plan shall submit an applicat…

(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. (b) Based on the review, the director shall …

(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 d…

(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. (2) If an employer elects to withdraw from an appro…

(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. (2)(a) An employee who has ceased to be covered by a plan approved under ORS 657B.2…

(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…

(1) This section applies to: (a) An employer that fails to remit to the Department of Revenue any amount of contributions due under ORS 657B.150; (b) An individual liable to repay any amount of benefits paid under this chapter to which the individual was not entitled; (c) A perso…

(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. (2) When a c…

(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 wi…

(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. (b) Upon filing of…

(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 65…

(1) This section applies to an individual who is one or more of the following: (a) An officer or employee of a corporation; (b) A member or employee of a limited liability company; or (c) A partner in or employee of a limited liability partnership. (2) In the case of default by a…

(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. (2) The D…

(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 s…

(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 o…

(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. (…

(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 follow…

(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. (2) The net amount received from the Department of Reve…

(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. (2) When in the judgment of the Director of the Employment Department the best interests of the Employment Departmen…

(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. (2) Not later than September 1, 2022, the director shall adopt r…

(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. (…

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 …

(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 …

(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 …

(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. (2)(a) The…

(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…

(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: (a) Is confidential and for the exclusive use and information of…

(1) The Director of the Employment Department shall establish a process by which: (a) An employer may request a hearing to obtain review of a final decision of the director regarding any of the following: (A) Approval or denial of an employer’s application for approval of a plan …

The Director of the Employment Department shall establish by rule a method to resolve disputes between employers and employees concerning coverage and benefits provided under a plan approved under ORS 657B.210 that may, as appropriate, employ the appeals process established under…