reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.820 - Unemployment Compensation Administration Fund.

(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 chapter, including such proportion of total expenses of maintaining public employment offices incurred for the purposes of this chapter.
(2) Such fund shall be expended solely for the purposes specified in this section, and its balances shall not lapse at any time but shall remain continuously available to the director for expenditures consistent with this section. Interest earned on the fund shall be credited to the fund.
(3) All federal moneys allotted or apportioned to the state by the Secretary of Labor, the Railroad Retirement Board or other federal agency, for the administration of this chapter shall be paid into such fund.
(4) All moneys made available by or received by this state under the Wagner-Peyser Act entitled "An Act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes," approved June 6, 1933, (48 Statutes 113; United States Code, title 29, section 49(c) as amended) shall be paid into the Unemployment Compensation Administration Fund and said moneys hereby are appropriated and made available to the director to be expended as provided by this chapter and by the Wagner-Peyser Act.
(5) All moneys received from the Railroad Retirement Board as compensation for services or facilities supplied to said board shall be paid into the Unemployment Compensation Administration Fund.
(6) Notwithstanding any provisions of this section, all moneys requisitioned and deposited in this fund pursuant to the provisions of ORS 657.657 and 657.805 to 657.820 shall remain part of the Federal Unemployment Trust Fund and shall be used only in accordance with conditions specified in ORS 657.657 and 657.805 to 657.820. [Amended by 1957 c.609 §3; 1959 c.604 §3; 1995 c.37 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.822 - Employment Department Special Administrative Fund.

(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 follows:
(a) All interest collected under ORS 657.515.
(b) All penalties collected pursuant to this chapter, except as provided in ORS 657.400.
(c) All gifts to or interest on or profits earned by the Employment Department Special Administrative Fund.
(2) The moneys in the Employment Department Special Administrative Fund are continuously appropriated to the department, and may not be transferred or otherwise made available to any other state agency, to pay the expenses of the Secretary of State incurred in performing the audit of the department and such other expenses as may be included in the biennial budget of the department and approved by the Legislative Assembly for payment from the fund. On July 1 of every odd-numbered year, any amounts in the Employment Department Special Administrative Fund that have not been appropriated in the biennial budget of the department approved by the Legislative Assembly shall be transferred to the Unemployment Compensation Trust Fund. [1965 c.359 §2; 1967 c.335 §58; 1969 c.597 §191; 1983 c.740 §248; 1993 c.344 §7; 1993 c.778 §23; 1995 c.37 §5; 2005 c.22 §464; 2005 c.183 §16; 2007 c.87 §§6,7; 2011 c.597 §270]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.823 - Employment Tax Guarantee Fund.

(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 657.505 or 657.507.
(2) Interest earned on the Employment Tax Guarantee Fund shall be credited to the Employment Department Special Administrative Fund. [1967 c.435 §14; 1995 c.37 §6; 2003 c.401 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.825 - Expenditure of federal funds; restitution of moneys lost or improperly expended.

(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 found necessary by the Secretary of Labor for the proper and efficient administration of this chapter.
(2) If any moneys received for the Unemployment Compensation Administration Fund under title III of the Social Security Act or the Wagner-Peyser Act are found by the Secretary of Labor, because of any action or contingency, to have been lost or been expended for purposes other than, or in amounts in excess of, those found necessary by the Secretary of Labor for the proper administration of this chapter, it is the policy of this state that such moneys shall be replaced by moneys appropriated for such purpose from the General Fund of this state to the Unemployment Compensation Administration Fund for expenditure as provided in ORS 657.820. Upon receipt of notice of such a finding by the Secretary of Labor, the Director of the Employment Department promptly shall report the amount required for such replacement to the Governor. The Governor shall, at the earliest opportunity, submit to the legislature a request for the appropriation of such amount. This section shall not be construed to relieve this state of its obligations with respect to funds received prior to July 1, 1941, pursuant to title III of the Social Security Act. [Amended by 1969 c.703 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.830 - State Treasurer as custodian of funds.

(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 sources as an accretion to the Unemployment Compensation Trust Fund, with the Secretary of the Treasury of the United States as custodian of the trust fund created by the federal Social Security Act.
(3) All moneys specified in ORS 657.822 shall be deposited in the Unemployment Compensation Trust Fund only for purposes of clearance. After clearance thereof, the State Treasurer immediately shall deposit all such moneys, less refunds made pursuant to the provisions of ORS 657.510, in the Employment Department Special Administrative Fund.
(4) Refunds payable pursuant to ORS 657.510 may be paid upon warrants issued by the State Treasurer under direction of the administrator from the Unemployment Compensation Trust Fund or the Employment Department Special Administrative Fund, as appropriate. [Amended by 1965 c.359 §8; 1967 c.435 §10; 1981 c.189 §3; 1995 c.37 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.840 - Federal Advance Interest Repayment Fund; assessment of tax; applicability.

(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 amount of federal advance interest repayment tax receipts expected to be collected during the quarter for any preceding calendar quarter in which such tax was assessed;
(c) Add the amount in the Federal Advance Interest Repayment Fund on the last day of the immediately preceding calendar quarter to the estimate in paragraph (b) of this subsection; and
(d) Subtract the sum obtained in paragraph (c) of this subsection from the estimate in paragraph (a) of this subsection.
(2) If the remainder obtained in subsection (1)(d) of this section is more than zero, each employer subject to this chapter shall be assessed a federal advance interest repayment tax. Such tax shall be a percentage of the regular unemployment tax payable under this chapter for the calendar quarter. The percentage shall be determined by dividing the remainder in subsection (1)(d) of this section by the estimated amount of unemployment tax due and payable on wages paid during the quarter. The percentage shall be rounded up to the next full percent.
(3) The tax assessed under this section shall be collected in such manner as the director may prescribe. Interest and penalties applicable to the regular unemployment insurance tax shall be applicable to this tax.
(4) There is hereby created a Federal Advance Interest Repayment Fund as a separate fund in the State Treasury. Such fund shall consist of all moneys received pursuant to this section and interest earnings accruing to the fund and shall be used only for the payment of interest accruing and payable on advances received under ORS 657.807, except that if at the end of any calendar quarter, all advances and interest have been repaid, any remaining balance in the fund may be transferred to the Unemployment Compensation Trust Fund.
(5) This section does not apply to public and nonprofit employers or Indian tribes making reimbursement payments as provided in ORS 657.505 and 657.513. [1983 c.52 §2; 2001 c.572 §14]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.855 - Benefits not assignable; waiver of rights invalid.

(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, execution and attachment or remedy for recovery or collection of a debt, and the exemption may not be waived. No agreement by an individual to waive the individual’s rights under this chapter is valid.
(2) The exemption from execution or other process granted under this section applies to only 50 percent of benefits payable under this chapter if the execution or other process is issued for a child support obligation or an order or notice entered pursuant to ORS 25.501 to 25.556 or ORS chapter 25, 107, 108, 109, 110, 419B or 419C and the child support obligation or the order or notice is being enforced pursuant to a plan approved under Title IV-D of the Social Security Act. [Amended by 1982 s.s.1 c.30 §10; 1989 c.520 §3; 1991 c.115 §2; 1999 c.745 §6; 2003 c.572 §20; 2011 c.317 §3; 2019 c.13 §63]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.865 - No vested rights.

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 repeal.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.870 - When operation of this chapter ceases.

(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, 1976, P.L. 94-566 (26 U.S.C. 3306) requiring benefit coverage for service performed in agricultural labor as provided in ORS 657.045 (1)(a) and (b) and (7) and 657.105 (2) become inoperative by Act of Congress or by decision of the United States Supreme Court, payments of contributions and payment of benefits pursuant to the statutes cited in this subsection shall cease. [Amended by 1977 c.446 §9]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.875 - Extending period for appeal in certain claim and contribution matters.

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 cause therefor, a reasonable time under the circumstances of each particular case. [1973 c.300 §14; 1975 c.257 §11; 1993 c.778 §17; 2005 c.214 §4; 2007 c.49 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.880 - Health care coverage for unemployed individuals; deduction of benefits.

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 amount so deducted to pay for health care coverage if the individual voluntarily elects to have such deduction made, and such deduction is made under a program which meets applicable federal requirements and has been approved in accordance with the provisions of this section and ORS 657.885.
(2) To certify to the Oregon Health Authority those unemployed individuals eligible to receive health care coverage pursuant to criteria established by or pursuant to federal law in order to receive federal funds for obtaining such coverage.
(3) To enter into contracts with other appropriate federal or state agencies. [1983 c.753 §2; 2001 c.900 §259; 2009 c.595 §1043]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.885 - "Health care coverage" defined.

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 and health care service contractors; and
(3) The medical assistance program administered by the Oregon Health Authority. [1983 c.753 §3; 1991 c.66 §29; 2001 c.900 §260; 2009 c.595 §1044]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.895 - Unemployment compensation programs under federal authority.

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 authorized by the United States Secretary of Labor and if the director determines that the program will be beneficial to the state and its people through the receipt of additional federal money for unemployment compensation purposes. The Employment Department shall notify interested parties if action is taken under this section. [1993 c.200 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.990 - Penalties.

(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, 657.660 (2) or any other provision of this chapter is a Class C misdemeanor. If an offending employer or the employer of an offending agent is a corporation, the president, secretary and the treasurer, or officers exercising corresponding functions, are subject to the penalties in this subsection in respect to any duties of which they respectively had or, in the proper exercise of their duties, ought to have had knowledge.
(5) 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 observance of which is required under this chapter, and for which a penalty neither is 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. [Amended by 1971 c.743 §405; 1999 c.1051 §322; 2005 c.35 §3; 2011 c.597 §271]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.010

[Formerly part of 657.601; 1995 c.37 §7; 1997 c.431 §6; 1997 c.753 §3; 2009 c.347 §2; 2012 c.37 §117; 2013 c.624 §38; renumbered 329A.010 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.030

[1997 c.431 §2; 1997 c.753 §18; 2001 c.831 §29; 2005 c.730 §29; 2009 c.348 §§1,5; 2010 c.60 §§6,7; 2012 c.3 §3; 2013 c.624 §41; renumbered 329A.030 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.180

[Formerly 418.358; 1995 c.278 §5; 2003 c.293 §7; 2012 c.37 §118; 2013 c.624 §42; renumbered 329A.180 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.250

[Formerly 418.805; 1995 c.278 §8; 1997 c.431 §7; 1997 c.753 §4; 1999 c.743 §1; 2003 c.293 §8; 2003 c.366 §1; 2009 c.570 §1; 2009 c.633 §7; 2013 c.624 §44; renumbered 329A.250 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.260

[Formerly 418.820; 1995 c.278 §9; 1997 c.431 §8; 1997 c.753 §5; 2009 c.595 §1045; 2013 c.624 §48; renumbered 329A.260 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.270

[Formerly 418.835; 1995 c.278 §10; 1997 c.431 §9; 1997 c.753 §6; 1999 c.382 §§6,7; 2001 c.104 §252; 2005 c.730 §30; 2013 c.624 §50; renumbered 329A.270 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.275

[1995 c.647 §2; 1997 c.431 §5; 1997 c.753 §7; 1999 c.382 §5; 1999 c.743 §3; 2003 c.293 §9; 2005 c.730 §31; 2009 c.348 §2; 2009 c.570 §2; 2009 c.633 §8; 2013 c.624 §51; renumbered 329A.275 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.280

[Formerly 418.810; 1995 c.278 §11; 1999 c.743 §4; 2001 c.104 §253; 2003 c.293 §10; 2005 c.408 §1; 2013 c.624 §52; renumbered 329A.280 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.300

[Formerly 418.825; 1995 c.278 §13; 1997 c.431 §10; 1997 c.753 §8; 1999 c.743 §7; 2005 c.730 §32; 2013 c.624 §54; renumbered 329A.300 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.310

[Formerly 418.830; 1995 c.647 §3; 1997 c.431 §11; 1997 c.753 §9; 1999 c.743 §8; 2012 c.37 §119; 2013 c.624 §55; renumbered 329A.310 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.330

[1993 c.733 §2; 1995 c.278 §14; 1995 c.647 §4; 1997 c.399 §1; 1999 c.382 §8; 1999 c.743 §9; 2001 c.104 §254; 2001 c.528 §1; 2003 c.293 §11; 2005 c.730 §33; 2009 c.347 §3; 2013 c.624 §56; renumbered 329A.330 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.350

[Formerly 418.840; 1997 c.431 §12; 1997 c.753 §10; 1999 c.743 §12; 2013 c.624 §57; renumbered 329A.350 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.370

[Formerly 418.870; 1995 c.278 §16; 1997 c.431 §13; 1997 c.753 §11; 2005 c.730 §34; 2013 c.624 §59; renumbered 329A.370 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.390

[Formerly 418.850; 1995 c.278 §17; 1997 c.431 §14; 1997 c.753 §12; 1999 c.743 §§14,14a; 2005 c.730 §35; 2009 c.570 §5; 2009 c.633 §9; 2013 c.624 §60; renumbered 329A.390 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.400

[Formerly 418.855; 1995 c.79 §334; 1995 c.278 §18; 1999 c.743 §15; 2003 c.293 §15; 2003 c.547 §116; 2009 c.595 §1046; 2013 c.624 §61; renumbered 329A.400 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.410

[Formerly 418.860; 1997 c.431 §15; 1997 c.753 §13; 1999 c.743 §16; 2009 c.595 §1047; 2013 c.624 §62; renumbered 329A.410 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.420

[Formerly 418.865; 1995 c.278 §19; 1997 c.431 §16; 1997 c.753 §14; 2001 c.900 §214; 2009 c.595 §1048; 2013 c.624 §63; renumbered 329A.420 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657A - (Former Provisions) › Section 657A.440

[Formerly 418.817; 1995 c.278 §20; 1999 c.743 §17; 2001 c.704 §6; 2003 c.293 §12; 2005 c.408 §2; renumbered 329A.440 in 2013]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.005 - Legislative findings.

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 compensated time off from work to care for and bond with a child during the first year after the child’s birth or arrival through adoption or foster care, to provide care for a family member who has a serious health condition or to recover from an employee’s or an individual’s own serious health condition. [2019 c.700 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.015 - Benefit eligibility.

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 Leave Insurance Fund established under ORS 657B.430 in accordance with ORS 657B.150; and
(b) Submits a claim for benefits in accordance with the requirements under ORS 657B.090;
(2) A self-employed individual who:
(a)(A) Has earned at least $1,000 in taxable income during the base year; or
(B) Has not earned at least $1,000 in taxable income during the base year, but who has earned at least $1,000 in taxable income during the alternate base year;
(b) Elects coverage under ORS 657B.130;
(c) During the base year or alternate base year, as applicable, contributes to the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430 an amount determined by the Director of the Employment Department under ORS 657B.150; and
(d) Submits a claim for benefits in accordance with the requirements under ORS 657B.090; or
(3) An employee of a tribal government, if:
(a)(A) The employee has earned at least $1,000 in wages during the base year; or
(B) The employee has not earned at least $1,000 in wages during the base year, but has earned at least $1,000 in wages during the alternate base year;
(b) The tribal government elects coverage for its employees under ORS 657B.130;
(c) During the base year or alternate base year, as applicable, the employee and tribal government contribute to the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430 an amount determined by the director under ORS 657B.150; and
(d) Submits a claim for benefits in accordance with the requirements under ORS 657B.090. [2019 c.700 §3; 2023 c.292 §4]
Note:
Section 16 (2), chapter 292, Oregon Laws 2023, provides:
Sec. 16.
(2) The amendments to ORS 657B.015, 657B.030, 657B.090 and 657B.210 by sections 3, 4, 7 and 14 of this 2023 Act apply to benefits paid or made available on or after September 3, 2023. [2023 c.292 §16(2); 2023 c.292 §16a(2)]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.020 - Qualifying purposes for benefits; duration of benefits.

(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) Notwithstanding ORS 657B.025 and except as provided under subsection (3) of this section, a covered individual who has taken any amount of paid leave available under subsection (1) of this section may take a total of 16 weeks of leave in the benefit year in any combination of the paid leave available under subsection (1) of this section, not to exceed 12 weeks, and unpaid leave under ORS 659A.159 for which the covered individual is eligible under ORS 659A.156. The leave may be taken for any purpose for which leave is allowable under the respective leave programs.
(3) In addition to the leave available under subsections (1) and (2) of this section, a covered individual may qualify for up to two additional weeks of benefits for limitations related to pregnancy, childbirth or a related medical condition, including but not limited to lactation, for a total amount of leave under this subsection and subsections (1) and (2) of this section, not to exceed 18 weeks per benefit year. [2019 c.700 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.023 - Determining family member by reason of affinity.

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 Employment Department by rule, that, when examined in total, resemble a family relationship. [2023 c.203 §10]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.025 - Coordination of leave.

Any family leave or medical leave taken under this chapter must be taken concurrently with any leave taken by an eligible employee under ORS 659A.150 to 659A.186 or under the federal Family and Medical Leave Act of 1993 (P.L. 103-3) for the same purposes. [2019 c.700 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.030 - Use of other paid leave benefits in addition to paid family and medical leave insurance benefits.

(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) An employer may permit an employee to use all or a portion of paid sick time, vacation leave or any other paid leave earned by the employee in addition to receiving paid family and medical leave insurance benefits during a period of leave taken for family leave, medical leave or safe leave.
(3) In any week in which an employee is eligible to receive workers’ compensation or unemployment benefits under ORS chapter 656 or 657, the employee is disqualified from receiving family and medical leave insurance benefits. [2019 c.700 §6; 2023 c.292 §14]
Note:
See note under 657B.015.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.040 - Notice to employers prior to commencing leave; exceptions.

(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 the notice an explanation of the need for the leave.
(2) An eligible employee may commence leave without 30 days’ advance notice if the leave is not foreseeable, as in circumstances including but not limited to:
(a) An unexpected serious health condition of the employee or a family member of the employee;
(b) A premature birth, unexpected adoption or unexpected foster placement by or with the employee; or
(c) Safe leave.
(3)(a) Except as provided in subsection (5) of this section, if an eligible employee commences leave without prior notice under subsection (2) of this section, the employee must give oral notice to the employer within 24 hours of the commencement of the leave and must provide the written notice required under subsection (1) of this section within three days after the commencement of leave.
(b) The oral notice required by this subsection may be given by any other person on behalf of the eligible employee taking leave.
(c) The person named as the eligible employee’s emergency contact person, or any other person otherwise designated by the eligible employee, as reflected in the employer’s records, may provide the written notice required under subsection (1) of this section.
(4)(a) If an eligible employee fails to give notice as required under subsections (2) and (3) of this section, the Director of the Employment Department may reduce the first weekly benefit amount payable to the employee under ORS 657B.090 by up to 25 percent.
(b) An employer shall notify the director of the employee’s failure to provide the required notice, in the manner prescribed by the director by rule.
(5) An eligible employee who takes safe leave shall give the employer reasonable advance notice of the individual’s intention to take safe leave, unless giving the advance notice is not feasible. [2019 c.700 §9]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 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 employee’s average weekly wage is equal to or less than 65 percent of the average weekly wage, the employee’s weekly benefit amount shall be 100 percent of the employee’s average weekly wage.
(b) If the eligible employee’s average weekly wage is greater than 65 percent of the average weekly wage, the employee’s weekly benefit amount is the sum of:
(A) 65 percent of the average weekly wage; and
(B) 50 percent of the employee’s 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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 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. [2019 c.700 §11; 2023 c.203 §13]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 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 employee’s eligibility for benefits under this chapter. [2019 c.700 §29]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.090 - Claim for benefits; leave increment requirements.

(1) 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
(b) The director has made a decision to allow or deny the claim under ORS 657B.100.
(2) If the director has made a decision to allow the claim, the director shall make a reasonable effort to issue the first payment of benefits to a covered individual within two weeks after receiving the claim.
(3)(a) Benefits may be claimed for leave that is taken by a covered individual in increments that are equivalent to one work day or one work week as those terms are defined by the director by rule.
(b) If a covered individual takes leave in increments that are equivalent to one work day, benefits may be claimed for leave that occurs in nonconsecutive periods of leave.
(4) Benefit amounts, as determined under ORS 657B.050:
(a) Must be prorated to increments that are equivalent to one work day; and
(b) Must be paid in increments that are equivalent to one work week. [2019 c.700 §12; 2023 c.292 §3]
Note:
See note under 657B.015.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 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 individual’s 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 director’s decision as provided in ORS 657B.410. [2019 c.700 §13]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 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. [2019 c.700 §14]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 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 individual’s 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 individual’s elective coverage terminates on the date on which the self-employed individual provides to the director documentation to support the self-employed individual’s 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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.175 - Effect of place of performance of service.

(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 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 individual’s 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 employee’s 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)]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 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. [2019 c.700 §26]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.190 - Employer’s 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 employer’s 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. [2019 c.700 §23]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.200 - Employer assistance grants; eligibility; rules.

(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 worker to replace an eligible employee who takes family leave, medical leave or safe leave for a period of seven or more days, a grant of up to $3,000 to apply toward the costs of hiring the worker.
(b) A grant of up to $1,000 as reimbursement for significant additional wage-related costs incurred during a period in which an eligible employee takes leave described under paragraph (a) of this subsection.
(2) In addition to a grant received under subsection (1)(b) of this section, an employer may receive a grant in the amount of the difference between the grant awarded and $3,000 if:
(a) After the commencement of a period of family leave, medical leave or safe leave taken by an eligible employee, the employee extends the period of leave beyond the employee’s initial expected period of leave; and
(b) The employer hired a temporary worker to replace the eligible employee during the employee’s period of leave.
(3) An employer may apply for a grant under subsection (1) of this section not more than 10 times per calendar year and not more than once for each eligible employee who takes leave under ORS 657B.020.
(4) To be eligible for a grant under this section, an employer shall provide to the Director of the Employment Department written documentation showing that the employer hired a temporary worker or that the wage-related costs incurred are due to an eligible employee’s use of family leave, medical leave or safe leave.
(5) The grants awarded under this section shall be funded with moneys in the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430.
(6) The director shall adopt any rules necessary to implement this section. [2019 c.700 §42]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 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 657B.210.
(b) Based on the review, the director shall determine whether the approved plan provides benefits that are equal to or greater than the benefits that would be available to eligible employees under the family and medical leave insurance program established under ORS 657B.340.
(2) If the director determines that the approved plan does not provide benefits in compliance with requirements under ORS 657B.210 (2), the director shall terminate the plan and the employer shall be required to make employer contributions and deduct employee contributions in accordance with ORS 657B.150. [2019 c.700 §44]