ORS Chapter 657b — Family and Medical Leave

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 employees 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 employees 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 employees former position. (b) For employers that employ fewer than 25 employees, if the position held by an eligible employee when the employees leave commenced no longer exists, an employer may, at the employers discretion based on business necessity, restore the eligible employee to a different position with similar job duties and with the same employment benefits and pay. (2)(a) During a period in which an eligible employee takes leave described under subsection (1) of this section, the employer shall maintain any health care benefits the employee had prior to taking such leave for the duration of the leave, as if the employee had continued in employment continuously during the period of leave. The employee must continue to make any regular contributions to the cost of the health insurance premiums. (b) Notwithstanding ORS 652.610 (3) and except as provided in paragraph (a) of this subsection, if the employer is required or elects to pay any part of the costs of providing disability, life or other insurance coverage for an eligible employee during the period of family leave that should have been paid by the employee, the employer may deduct from the employees pay such amounts upon the employees return to work until the amount the employer advanced toward the payments is paid. In no event may the total amount deducted for insurance under the provisions of this subsection exceed 10 percent of the employees gross pay each period. (3) An eligible employee who has taken leave described under subsection (1) of this section does not lose any employment benefits, including seniority or pension rights, accrued before the date on which the leave commenced. (4) It is an unlawful employment practice to discriminate against an eligible employee who has invoked any provision of this chapter. (5) Nothing in this section entitles an eligible employee to accrue employment benefits during a period of leave or to a right, benefit or position of employment other than a right, benefit or position to which the employee would have been entitled had the employee not taken leave. (6)(a) Nothing in this section requires an employer to retain a temporary worker who was hired to replace an eligible employee taking family leave, medical leave or safe leave after the eligible employee has returned to work. (b) A civil action may not be brought against an employer for taking any of the following actions necessary to restore an eligible employee to the position of employment held by the employee as required under subsection (1) of this section: (A) Terminating the employment of a worker who was hired solely to temporarily replace an eligible employee during a period of leave; or (B) Removing an employee from a position to which the employee was transferred to temporarily replace an eligible employee while the eligible employee was on leave, and returning the employee to the position originally held by the employee prior to the transfer at the salary or rate of pay and benefits associated with the position. (c) An employer shall, either at the time of hire or before reassignment, inform a temporary worker or an employee who is reassigned to a position to temporarily replace an eligible employee during a period of leave of the information provided under this subsection. (7) The protections provided under this section apply only to an eligible employee who was employed by the employer for at least 90 days before taking leave described under subsection (1) of this section. [2019 c.700 10; 2023 c.203 12] (Prohibited Conduct)