justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 657b — Family and Medical Leave

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. (b) For purposes of paragraph (a) of this subsection, the director may deduct all or any part of the covered individuals future weekly benefits. (c) Any notice provided to a covered individual of the covered individuals liability for recovery of benefits under this section must include a description of: (A) The basis for the directors decision that benefits have been overpaid; and (B) The consequences of the overpayment, including recovery of the overpaid amount and the possibility of waiver under ORS 657B.336. (2) Subject to ORS 657B.410, a decision of the director under this section does not authorize the recovery of the amount of any benefits paid to a covered individual until the decision is final. (3) The director may bring a civil action against a covered individual to recover amounts paid to the covered individual in excess of the maximum benefits allowable pursuant to this chapter. [2023 c.120 2] Note: See note under
ORS Chapter 657b — Family and Medical Leave

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. (2) The director may not waive recovery under this section of overpaid benefits that are subject to the penalty imposed under ORS 657B.332 (3). (3) The director may waive establishment and recovery of overpaid benefits when no decision has been issued under ORS 657B.332 or 657B.335 and the amount of the overpayment is equal to or less than one-half of the maximum weekly benefit amount in effect at the time the overpayment is discovered. (4) Any waiver granted under this section extinguishes all liability of the debtor for the waived amounts. [2023 c.120 3] Note: See note under
ORS Chapter 657b — Family and Medical Leave

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. (b) Notwithstanding paragraph (a) of this subsection, the overpayment may not be canceled if the debt is being recovered by payments or deductions that were received within the last three months or if repayment of the overpayment is required under ORS 657B.334. (2) If an amount paid to a covered individual as benefits, for which the covered individual has been found liable under the provisions of ORS 657B.335 to have deducted from benefits payable, has not been waived under ORS 657B.336, paid or deducted from benefits otherwise payable to the covered individual for any week or weeks within five years following the week in which the decision establishing the overpayment became final, the overpayment, together with the record of the overpayment and the resulting shortage, shall be canceled. (3) When in the judgment of the director the best interests of the Employment Department are served in an effort to settle accounts, the director may waive, reduce or compromise any part or all of the interest or penalty charged pursuant to ORS 657B.332. The director may determine that the amount of interest or penalty due and unpaid is uncollectible, and write off the amount. In making the determination that interest or a penalty is uncollectible, the director shall consider, among other factors: (a) The administrative costs of continued collection efforts in relation to the amount due; (b) The accessibility of the debtor for effective collection actions; and (c) The debtors financial condition and ability to pay the amount due, both current and projected. [2023 c.120 5] Note: See note under
ORS Chapter 657b — Family and Medical Leave

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. (2) The net amount received from the Department of Revenue after deduction of fees charged under subsection (1) of this section shall be offset against the debt. [2023 c.120 6] Note: Section 13 (2), chapter 120, Oregon Laws 2023, provides: Sec. 13. (2) Section 6, chapter 120, Oregon Laws 2023 [657B.338], applies to amounts owed by a debtor on or after January 1, 2023. [2023 c.120 13(2); 2023 c.292 16b(2)]
ORS Chapter 657b — Family and Medical Leave

ORS 657b.339. Authority of director to compromise or adjust contribution debts or overpayments. When in the judgment of the Director of the Employment Department the best interests of the Employment Department are served, the director may: (1) Waive, reduce or compromise any balance of $10 or less from a contribution due under ORS 657B.150; or (2) Retain any overpayment of $10 or less from a contribution paid under ORS
ORS Chapter 657b — Family and Medical Leave

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. (2) Not later than September 1, 2022, the director shall adopt rules that are necessary to establish the program under subsection (1) of this section, including but not limited to rules that: (a) Establish an outreach plan for the program to receive input from, and disseminate information to, employers and eligible employees. (b) Establish a process by which employers may apply for approval of an employer-offered benefit plan under ORS 657B.210. (3) The director may enter into interagency agreements to perform the duties and functions necessary to implement and administer this chapter. (4) Whenever possible, the director shall use existing employer and public infrastructure to maintain records, conduct outreach and facilitate contributions made to the program. (5) All agencies of state government, as defined in ORS 174.111, shall, upon request of the director, assist in the performance of the directors duties under this chapter, including but not limited to outreach, technical assistance and training.
ORS Chapter 657b — Family and Medical Leave

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. (2) Every service provided by a third party administrator pursuant to an agreement entered into under this section is subject to the same requirements provided under this chapter as if the services had been provided by the director. (3) A third party administrator that enters into an agreement with the director under this section is subject to oversight by the director. (4) Costs incurred by the director pursuant to an agreement with a third party administrator entered into under this section may not be recovered by an increase in the contribution rate determined by the director under ORS
ORS Chapter 657b — Family and Medical Leave

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
ORS Chapter 657b — Family and Medical Leave

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. (2)(a) The advisory committee shall consist of nine members appointed by the director as follows: (A) A representative of the Employment Department. (B) Four members who represent employees. (C) Four members who represent employers, at least one of whom represents employers that employ fewer than 25 employees. (b) Members shall serve for a term of two years and may be reappointed. If there is a vacancy for any cause, the director shall make an appointment to become immediately effective for the unexpired term. (c) The representative of the department shall serve as chairperson of the advisory committee. (3) The advisory committee shall advise and make recommendations to the director regarding issues related to the program, including but not limited to: (a) Implementation; (b) Administration; and (c) Rulemaking. (4) Members of the advisory committee are not entitled to compensation but may be reimbursed for actual and necessary travel or other expenses incurred in the performance of their official duties. The director shall pay the expenses out of funds appropriated to the department under section 59, chapter 700, Oregon Laws 2019. (5) All agencies of state government, as defined in ORS 174.111, are directed to assist the advisory committee in the performance of the duties of the advisory committee and, to the extent permitted by laws relating to confidentiality, to furnish information and advice that the members of the advisory committee consider necessary to perform their duties.
ORS Chapter 657b — Family and Medical Leave

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. (2) The Director of the Employment Department may inspect the payroll and employment records of employers for the purpose of administering this chapter. Employers must provide the director with all pertinent payroll and employment records upon request. (3) When an employment agency is acting as an employer, the requirements under subsections (1) and (2) of this section shall be the responsibility of the employment agency.
ORS Chapter 657b — Family and Medical Leave

ORS 657b.410. Appeals process, generally; process subject to judicial review. (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 employers application for approval of a plan under ORS 657B.210; (B) The assessment of penalties under ORS 657B.925; or (C) A determination made under ORS 657B.332. (b) A covered individual may request a hearing to obtain review of a final decision of the director regarding any of the following: (A) Approval or denial of a claim submitted to the director for payment of family and medical leave insurance benefits; (B) The weekly benefit amount payable to a covered individual as determined under ORS 657B.050; (C) Matters affecting the covered individual under ORS 657B.040 or 657B.332; or (D) Benefit overpayments, including overpayments under ORS 657B.335. (c) A self-employed individual or a tribal government may request a hearing to review a final decision of the director regarding elective coverage under ORS
ORS Chapter 657b — Family and Medical Leave

ORS 657b.420. Appeals of decisions under equivalent employer plan; rules. 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 ORS 657B.410 to provide employers and employees an opportunity to obtain review of a determination by the director. [2019 c.700 32; 2023 c.292 10] Note: See note under
ORS Chapter 657b — Family and Medical Leave

ORS 657b.425. Dismissal of request or application for hearing. (1) When a request for a hearing is made under this chapter, the Director of the Employment Department may dismiss the request or application for hearing if: (a) The request for hearing is withdrawn by the requesting party; (b) The matter is resolved by reversal or amendment of the decision that is the subject of the hearing request; (c) The request for hearing is filed prior to the date of the written decision or written determination that is the subject of the hearing request; or (d) The request for hearing is made by a person who is not entitled to a hearing or is not the authorized representative of a party who is entitled to a hearing. (2)(a) A dismissal by the director under subsection (1) of this section is final unless the party whose request for hearing has been dismissed files a request for hearing regarding the dismissal within 20 days after the dismissal notice is sent electronically or mailed to the partys last-known address. (b) If the party files a timely request under paragraph (a) of this subsection, the hearing regarding the dismissal shall be assigned to an administrative law judge from the Office of Administrative Hearings. (c) The administrative law judge assigned under paragraph (b) of this subsection shall determine whether the dismissal was appropriately entered. If the dismissal was not appropriately entered, the administrative law judge shall decide the underlying issue upon which the hearing was requested. [2023 c.292 2] Note: Section 16 (1), chapter 292, Oregon Laws 2023, provides: Sec. 16. (1) Section 2 of this 2023 Act [657B.425] applies to requests for hearings made on or after January 1, 2023. [2023 c.292 16(1); 2023 c.292 16a(1)] (Reports and Reviews) Note: Sections 50 and 51, chapter 700, Oregon Laws 2019, provide: Sec. 50. Review of department expenses. Beginning January 1, 2024, and not more than once each year for three consecutive calendar years thereafter, the Director of the Employment Department shall conduct a review of the expenses incurred by the Employment Department in reviewing plans for approval under ORS
ORS Chapter 657b — Family and Medical Leave

ORS 657b.430. Paid Family and Medical Leave Insurance Fund. (1) The Paid Family and Medical Leave Insurance Fund is established in the State Treasury, separate and distinct from the General Fund. The Paid Family and Medical Leave Insurance Fund is declared to be a trust fund. (2) The fund consists of moneys deposited in the fund from contributions made under ORS 657B.150 and from penalties, fees, revenues and all other amounts deposited in or credited to the fund. Interest earned by the fund shall be credited to the fund. (3) Moneys in the fund are continuously appropriated to the Director of the Employment Department and may be used solely to carry out the purposes set forth in this chapter, including the payment of administrative costs and expenses that the director incurs in carrying out the provisions of this chapter. [2019 c.700 39] Note: Sections 1 to 3, chapter 66, Oregon Laws 2023, provide: Sec. 1. Section 2 of this 2023 Act is added to and made a part of ORS chapter 657B. [2023 c.66 1] Sec. 2. Solvency of fund. (1) As used in this section: (a) Grant means a grant awarded under ORS 657B.200. (b) Solvency of the fund and solvent mean that the cumulative amount of contributions collected under the provisions of this chapter [ORS chapter 657B] and deposited in the fund are sufficient to pay, in full and in a timely manner, the benefits anticipated to be claimed by covered individuals under ORS
ORS Chapter 657b — Family and Medical Leave

ORS 657b.440. Employer required to provide notice advising employees of rights and duties. (1) An employer shall provide written notice to each employee of the duties and rights of an eligible employee under this chapter in accordance with rules adopted by the Director of the Employment Department. At a minimum, the notice must advise the employee of the following: (a) The right of an eligible employee to claim and receive family and medical leave insurance benefits under this chapter; (b) The procedure for filing a claim for benefits under ORS 657B.090; (c) That an eligible employee must provide notice to an employer before the employee commences leave, as required under ORS 657B.040, and a description of the penalties for failure to comply with the notice requirements; (d) The right of an eligible employee to job protection and benefits continuation under ORS 657B.060; (e) The right of an eligible employee to appeal a decision or determination made by the director under ORS 657B.410; (f) That discrimination and retaliatory personnel actions against an employee for inquiring about the family and medical leave insurance program established under ORS 657B.340, giving notification of leave under the program, taking leave under the program or claiming family and medical leave insurance benefits are prohibited; (g) The right of an eligible employee to bring a civil action or to file a complaint for violation of ORS 657B.060 or 657B.070; and (h) That any health information related to family leave, medical leave or safe leave provided to an employer by an employee is confidential and may not be released without the permission of the employee unless state or federal law or a court order permits or requires disclosure. (2) A notice provided to an employee under this section must be in the language the employer typically uses to communicate with the employee. (3) The director shall make available to employers a model notice that meets the requirements of this section.
ORS Chapter 657b — Family and Medical Leave

ORS 657b.460. Construction of chapter. This chapter establishes minimum requirements pertaining to family leave, medical leave and safe leave and may not be construed to preempt, limit or otherwise diminish the applicability of any employer policy, standard or collective bargaining agreement that provides for greater use of family leave, medical leave or safe leave under state or federal law. [2019 c.700 49a] Note: Section 49, chapter 700, Oregon Laws 2019, provides: Sec. 49. Reopening or renegotiation of collective bargaining agreement. Nothing in sections 1 to 51 of this 2019 Act [ORS chapter 657B] requires the reopening or renegotiation of a collective bargaining agreement entered into before the effective date of this 2019 Act [September 29, 2019] prior to the date on which the agreement expires.
ORS Chapter 657b — Family and Medical Leave

ORS 657b.470. Preemption of local laws relating to paid family and medical leave. Except as provided in ORS 657B.210, ORS chapter 657B supersedes and preempts any rule, regulation, code or ordinance of any unit of a local government, as defined in ORS 174.116, relating to paid family and medical leave. [2019 c.700 61] Note:
ORS Chapter 657b — Family and Medical Leave

ORS 657b.480. State agency assistance; intergovernmental agreements. The Director of the Employment Department may enter into intergovernmental agreements under ORS chapter 190 with the Department of Revenue, the Department of Consumer and Business Services, the Bureau of Labor and Industries and any other agency to provide outreach, technical assistance or compliance services related to this chapter on behalf of the director. [2019 c.700 40] PENALTIES
ORS Chapter 657b — Family and Medical Leave

ORS 657b.900. Criminal penalties. (1) In addition to any penalties otherwise prescribed under this chapter, violation of any provision of this chapter is a Class A misdemeanor. (2) If an offending employer is a corporation, the president, secretary and the treasurer, or officers exercising corresponding functions, are subject to the penalties in this section in respect to any duties of which they respectively had knowledge or in the proper exercise of their duties ought to have had knowledge. (3) Subject to ORS 153.022, willful violation of this chapter or of any order issued or rule adopted under this chapter, the violation of which is made unlawful or the compliance with which is required under this chapter, and for which a penalty is neither prescribed in this section nor provided by any other applicable statute, is a Class C misdemeanor. Each day the violation continues is considered a separate offense.