Title 51, Labor and Employment; Unlawful Discrimination

Notwithstanding ORS 657.812, the Employment Department may accept funds made available to this state under section 903 of the Social Security Act, as amended, for payment of administrative expenses relating to the unemployment insurance program. [1999 c.970 §2] Note: 657.813 was …

(1) There is created, separate and distinct from the General Fund, the Unemployment Compensation Benefit Fund. Such fund shall consist of all amounts withdrawn from the Federal Unemployment Trust Fund, upon requisition of the Director of the Employment Department, except as provi…

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Unemployment Compensation Administration Fund, to consist of all moneys received by the state or the Director of the Employment Department for the expenses of administration of this c…

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Employment Department Special Administrative Fund. The Employment Department Special Administrative Fund shall consist of moneys collected or received by the Employment Department as …

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Employment Tax Guarantee Fund. The Employment Tax Guarantee Fund shall consist of: (a) Money deposits received under ORS 657.505 or 657.507; and (b) Proceeds of bonds posted under ORS…

(1) All moneys in the Unemployment Compensation Administration Fund which are received from the federal government or any agency thereof or which are appropriated by this state for the purposes described in ORS 657.820 shall be expended solely for the purposes and in the amounts …

(1) The State Treasurer shall be the custodian of the Unemployment Compensation Trust Fund and the Unemployment Compensation Benefit Fund. (2) After clearance thereof, the State Treasurer immediately shall deposit all moneys specified in ORS 657.805 which are received from all so…

(1) On the first day of the third month of a calendar quarter the Director of the Employment Department shall: (a) Estimate the interest payable, accrued through the end of the calendar quarter, on federal advances obtained under the provisions of ORS 657.807; (b) Estimate the am…

(1) Except as provided in this section, benefits due under this chapter may not be assigned, pledged, encumbered, released or commuted. Benefits due under this chapter shall, except as otherwise provided in this chapter, be exempt from all claims of creditors and from levy, execu…

No agreement by an employee to pay any portion of the contribution required of the employer by this chapter is valid and no employers shall make a deduction for such purpose from the wages or salary of an employee.

All the rights, privileges or immunities conferred by this chapter or by acts deemed pursuant thereto shall exist subject to the powers of the legislature to amend or repeal this chapter at any time, and there shall be no vested private right of any kind against such amendment or…

(1) If title IX of the federal Social Security Act becomes inoperative by Act of Congress or by decision of the United States Supreme Court, payments of contributions and payment of benefits provided in this chapter shall cease. (2) If the provisions of the Act of October 20, 197…

The period within which an interested party may request a hearing or file with the Employment Appeals Board an application for review as provided in ORS 657.266 to 657.269, 657.270, 657.471, 657.480, 657.485, 657.679, 657.681 and 657.682 may be extended, upon a showing of good ca…

In order to provide health care coverage for eligible unemployed individuals, the Employment Department, upon approval and funding by the Emergency Board, is authorized: (1) To deduct an amount from unemployment compensation otherwise payable to an individual and to use the amoun…

For purposes of this section and ORS 657.880, the term “health care coverage” means coverage under: (1) Health insurance policies issued by qualified insurers and health care service contractors; (2) Contracts entered into by and between the State of Oregon and qualified insurers…

Notwithstanding any other provision of this chapter, the Employment Department, at the direction of the Governor, may take appropriate action to expedite and provide for the implementation of an unemployment compensation program not provided for in this chapter, if the program is…

(1) Violation of ORS 657.295 is a Class B misdemeanor. (2) Violation of ORS 657.300 is a Class A misdemeanor. (3) Violation of ORS 657.480 (3)(a) or (b) is a Class C felony. (4) In addition to any penalties otherwise prescribed in this chapter, violation of ORS 657.495, 657.565, …

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…