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

ORS 657b.050. Amount of benefits; limits on weekly benefit amount; extent to which benefits are payable. (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 employees average weekly wage is equal to or less than 65 percent of the average weekly wage, the employees weekly benefit amount shall be 100 percent of the employees average weekly wage. (b) If the eligible employees average weekly wage is greater than 65 percent of the average weekly wage, the employees weekly benefit amount is the sum of: (A) 65 percent of the average weekly wage; and (B) 50 percent of the employees average weekly wage that is greater than 65 percent of the average weekly wage. (2) Notwithstanding subsection (1) of this section, the director shall establish: (a) A maximum weekly benefit amount of 120 percent of the average weekly wage. (b) A minimum weekly benefit amount of five percent of the average weekly wage. (3) The director shall determine, based on the contribution amounts made by a self-employed individual, a tribal government or the employees of a tribal government under ORS 657B.150, the amount of benefits payable to a self-employed individual or to an employee of a tribal government. (4) Benefits are payable only to the extent that moneys are available in the Paid Family and Medical Leave Insurance Fund for that purpose. The state, any political subdivision of the state and any state agency are not liable for any amount in excess of this limit. [2019 c.700 7] (Protections)
ORS Chapter 657b — Family and Medical Leave

ORS 657b.070. Denying leave; discrimination and retaliation prohibited; remedies for violation; exception. (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 or tenure or any other term or condition of employment because the employee has inquired about the rights or responsibilities under this chapter. (2)(a) An employee who alleges a violation of this section may bring a civil action under ORS 659A.885 or may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. (b) This subsection does not apply if the process described in ORS 657B.410, or the method established under ORS 657B.420, provides a remedy for the alleged violation.
ORS Chapter 657b — Family and Medical Leave

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 employees eligibility for benefits under this chapter. [2019 c.700 29] (Claims Administration)
ORS Chapter 657b — Family and Medical Leave

ORS 657b.090. associated with processing payments of the benefits and grant awards. (2) Notwithstanding any other provision under this chapter: (a) No later than August 11, 2023, the Director of the Employment Department shall determine whether the fund is solvent with respect to the benefits anticipated to be claimed and any grant moneys anticipated to be awarded on or after September 3, 2023. (b) If, pursuant to paragraph (a) of this subsection, the director determines that the fund is: (A) Solvent, the director shall commence paying benefits and any grant awards on September 3, 2023. (B) Insolvent, the director shall delay the start of benefit payments and grant awards until December 3, 2023, and make further quarterly determinations of the solvency of the fund under subsection (3) of this section. (3) Notwithstanding any other provision of this chapter: (a)(A) If, pursuant to subsection (2) of this section, the director determines that the fund is insolvent, the director shall, on a quarterly basis, determine whether the fund is solvent with respect to the benefits anticipated to be claimed and any grants anticipated to be awarded beginning with the first week of the last month of the current calendar quarter. (B) Each quarterly determination shall be made no later than two weeks immediately following the date on which the combined quarterly reports are due under ORS
ORS Chapter 657b — Family and Medical Leave

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 individuals knowledge. (2)(a) The director shall promptly give notice of a decision to allow or deny a claim. (b) If the claim is denied, the written notice must include a statement of the reasons for denial. (3) A decision made under this section is final and the benefits must be paid or denied accordingly. A covered individual may request review of the directors decision as provided in ORS 657B.410.
ORS Chapter 657b — Family and Medical Leave

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: (a) Errors of computation; (b) Clerical errors; (c) Misinformation provided to a party by the Employment Department; (d) Facts not previously known to the director; or (e) Errors caused by misapplication of law by the department. (2) Reconsideration of a final decision shall be made in accordance with such regulations as the director may prescribe, and may include the making of a new decision which, if made, shall award, deny, terminate, continue, increase or decrease benefits to the extent found necessary and appropriate for the correction of a previous error respecting such benefits. Any new decision made under this subsection shall be subject to review as provided in ORS 657B.410.
ORS Chapter 657b — Family and Medical Leave

ORS 657b.120. [2019 c.700 15; 2023 c.120 9; renumbered 657B.332 in 2023] ELECTIVE COVERAGE
ORS Chapter 657b — Family and Medical Leave

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. (2) Subject to ORS 657B.150, a self-employed individual who has elected coverage may terminate coverage by filing written notice with the director at such times as the director prescribes by rule, including at the time of a change in the self-employed individuals employment status. The termination may not take effect sooner than 30 days after the notice is filed. (3) A self-employed individual who has elected coverage may terminate coverage on the date of filing of a voluntary or involuntary bankruptcy petition. The self-employed individuals elective coverage terminates on the date on which the self-employed individual provides to the director documentation to support the self-employed individuals filing of the bankruptcy petition and files written notice with the director. At any time thereafter, the self-employed individual may re-elect coverage under this section. (4) A tribal government may elect to be covered under this chapter, or to terminate coverage, in the same manner as provided in subsections (1) to (3) of this section. (5) The director shall prescribe by rule the method for collecting contributions and erroneous payments of benefits from self-employed individuals, tribal governments and tribal government employees. [2019 c.700 41] CONTRIBUTIONS
ORS Chapter 657b — Family and Medical Leave

ORS 657b.175. Effect of place of performance of service. (1) An employees 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 operations is in this state or, if there is no base of operations, the place from which the service is directed or controlled is in this state; or (B) The base of operations or place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individuals residence is in this state. (2) Service is localized within this state if it is: (a) Performed entirely within this state; or (b) Performed both within and outside this state, but the service performed outside this state is incidental to the employees service within this state. [2019 c.700 21; 2023 c.292 13] Note: Section 16 (10), chapter 292, Oregon Laws 2023, provides: Sec. 16. (10) The amendments to ORS 657B.175 by section 13 of this 2023 Act apply to wages earned on or after January 1, 2023. [2023 c.292 16(10); 2023 c.292 16a(10)]
ORS Chapter 657b — Family and Medical Leave

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. (2) An employer may not make a deduction from the wages of an employee to pay any portion of the employer contributions due from the employer.
ORS Chapter 657b — Family and Medical Leave

ORS 657b.190. Employers 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. (2)(a) In lieu of a deposit required under subsection (1) of this section, the director may accept a bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in a form acceptable to the director to secure payment of contributions to become due to the fund. (b) The deposit or posting of a bond or letter of credit under paragraph (a) of this subsection shall not relieve the employer of the obligation to make contributions to the fund as provided under ORS 657B.150. (c) The director may at any time apply any portion of the deposit, payment on the bond or the proceeds of the letter of credit to the payment of any amounts due from the employer under any provisions of this chapter. (3)(a) Except as provided in subsection (4) of this section, any deposit, bond or letter of credit shall be deemed for all purposes to become the sole property of the director and shall be deposited in the fund and held for the sole benefit of the fund. (b) The deposit, bond or letter of credit shall be prior to all other liens, claims or encumbrances and shall be exempt from any process, attachment, garnishment or execution whatsoever and shall be for the sole benefit of the fund. (4)(a) If an employer ceases to be an employer subject to this chapter, such sums as are on deposit in the fund shall first be applied to any amounts due from the employer to the fund under any provisions of this chapter. (b) Only upon receipt of all payments due to the fund from an employer described in paragraph (a) of this subsection, the director shall refund to the employer all deposits remaining to the employers credit in the fund and shall cancel any bond or letter of credit given under this section. (c) An employer described in paragraph (a) of this subsection shall have no interest in a deposit, bond or letter of credit prior to full compliance with this section and all provisions of this chapter.
ORS Chapter 657b — Family and Medical Leave

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
ORS Chapter 657b — Family and Medical Leave

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. (2) Unless an employer has made changes to a plan that were not considered by the director in a previously approved or reapproved application, an employer need not submit an application for reapproval of the plan after expiration of the three-year period described in subsection (1) of this section.
ORS Chapter 657b — Family and Medical Leave

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. (2) If an employer elects to withdraw from an approved plan, any deductions made from the wages of an employee that remain in possession of the employer upon the employers withdrawal of the plan shall be disposed of as determined by the director.
ORS Chapter 657b — Family and Medical Leave

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. (2)(a) An employee who has ceased to be covered by a plan approved under ORS 657B.210, is, if otherwise eligible, automatically qualified to receive family and medical leave insurance benefits under the program established under ORS
ORS Chapter 657b — Family and Medical Leave

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. (2) Within 90 days following the date of an acquisition described in subsection (1) of this section, a successor in interest to an employer may terminate a plan that was approved under ORS 657B.210 and that was in effect on the date of acquisition without a request to withdraw the plan, provided the successor in interest provides notice to the director and all employees of the employer in a manner prescribed by the director by rule. [2019 c.700 48] COLLECTIONS; RECOVERY AND RESOLUTION OF IMPROPER BENEFIT PAYMENTS
ORS Chapter 657b — Family and Medical Leave

ORS 657b.280. issue a warrant for the amount liable to be repaid with the added interest, penalties, collection charges and the sheriffs 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. (2) At any time after issuing a warrant under this section, the department may record the warrant in the County Clerk Lien Record of any county of this state. Recording of the warrant has the effect described in ORS 205.125. (3) After recording a warrant under this section, the director may direct the sheriff of the county in which the warrant is recorded to levy upon and sell any real and personal property, and levy upon any currency, belonging to the employer, individual or person and found within that county. The proceeds or currency shall be applied against the amount reflected in the warrant and the sheriffs costs of executing the warrant. (4) The sheriff shall proceed on the warrant in the same manner prescribed by law for executions issued against property pursuant to a judgment and is entitled to the same fees as provided for executions issued against property pursuant to a judgment. The fees of the sheriff shall be added to and collected as a part of the warrant liability. (5)(a) The director may direct the warrant to any agent and authorize the agent to collect the amount reflected in the warrant. (b) In the execution of the warrant the agent has all of the powers conferred by law upon sheriffs but is entitled to no fee or compensation in excess of actual expenses incurred in the execution. (6) Amounts collected pursuant to this section shall be deposited in the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430.
ORS Chapter 657b — Family and Medical Leave

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. (2) When a copy of the statement of lien or the warrant is filed with the Secretary of State in compliance with subsection (1) of this section, such filing shall have the same effect with respect to personal property as if the copy of the statement of lien or the warrant had been duly recorded with the county clerk in each county of this state. (3) A copy of the statement of lien or the warrant filed with the Secretary of State shall be filed and indexed by the Secretary of State in the same manner as provided under ORS 79.0501 for the filing and indexing of financing statements.
ORS Chapter 657b — Family and Medical Leave

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
ORS Chapter 657b — Family and Medical Leave

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. (b) Upon filing of the notice under this subsection, the property against which the lien is claimed shall be released from the lien. (2) The director may include in the amount received for the release of the lien any costs incurred by the director in collecting the amounts due. (3) Amounts collected pursuant to this section shall be deposited in the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430.
ORS Chapter 657b — Family and Medical Leave

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
ORS Chapter 657b — Family and Medical Leave

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: (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 an employer subject to ORS 657B.320, an individual described in subsection (1) of this section who is under a duty to perform the actions required of employers under ORS 657B.150 shall be personally liable for amounts due under ORS 657B.150. More than one individual may be jointly and severally liable under this section for amounts due. (3) If the Director of the Employment Department determines that an amount is due under this section, the director shall issue a notice of assessment to the individual liable under this section by mail to the individuals last known address of record with the director. (4) If the director has reason to believe that the individual liable under this section is insolvent, the director may issue a jeopardy assessment as provided under ORS 657B.370 (4). (5) Amounts assessed under this section may be reviewed in the manner provided by ORS 657B.370 (5).
ORS Chapter 657b — Family and Medical Leave

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: (a) Be ineligible for benefits based upon wages paid to the person in the calendar quarter in which the person was convicted and in all prior calendar quarters; and (b) Be ineligible for benefits after the conviction until the person has reimbursed the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430 for the full amount received as a result of the false statement or misrepresentation or of the failure to report a material fact. (2) The provisions of this section are in addition and supplemental to the provisions of ORS 657B.332. [2023 c.120 4] Note: See note under