Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1330 - Benefits: Job Protection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 protections provided under ORS
			 657B.060 and this rule apply
			 only to an eligible employee who was employed by the employer for at least 90
			 consecutive calendar days prior to taking Paid Family and Medical Leave
			 Insurance (PFMLI) leave. 90 consecutive calendar days include the days the
			 employee is not scheduled to work but is still employed with the
			 employer.
(2) An employer must
			 restore an employee returning from PFMLI leave to the employee's former
			 position, if the position still exists, even if the former position has been
			 filled by a replacement worker during the employee's PFMLI leave. The
			 employee's former position is the position held by the employee at the time
			 PFMLI leave commenced, regardless of whether the job has been renamed or
			 reclassified. (For example, a delivery driver must be returned to the same
			 route, at the same rate of pay and benefits, driving the same type of truck,
			 delivering the same type of goods, on the same shift, and working from the same
			 location as when the driver started PFMLI leave.)
(3) For the purposes of this rule, any worker
			 hired or reassigned during an eligible employee's leave to perform the same
			 work in the same position that the eligible employee held before the leave was
			 taken is a replacement worker. If the eligible employee on PFMLI leave notifies
			 the employer that they are ready to return to work earlier than anticipated,
			 the employer must give the eligible employee the opportunity to work any hours
			 that the replacement worker would otherwise have been scheduled to work
			 beginning on the second business day following the date the eligible employee
			 notified the employer they were ready to end their leave and return to
			 work.
(4) Notwithstanding section
			 (2) of this rule, an employee is not entitled to return to the former position
			 if the employee would have been terminated or reassigned from their current
			 position to another position if PFMLI leave had not been taken.
(5) Subject to section (6)(d) of this rule,
			 if the position held by the employee at the time PFMLI leave began has been
			 eliminated, and not merely renamed or reclassified, then:
(a) If the employer is a large employer as
			 defined in OAR 471-070-3150, the employer must restore the employee to any
			 available, equivalent position for which the employee is qualified, within a 50
			 mile radius of the employee's former job site.
(A) An available position is a position that
			 is vacant or not permanently filled.
(B) An equivalent position is a position that
			 is virtually identical to the employee's former position in as many aspects as
			 possible in terms of employment benefits and pay, and similar working
			 conditions, including privileges, perks, and status. It must involve
			 substantially the same or similar duties and responsibilities, which must
			 entail equivalent skill, effort, responsibility, and authority.
(C) If an equivalent position is available at
			 multiple job sites, and the employee is not able to return to the employee's
			 former position because it no longer exists, the employer shall first offer the
			 employee an equivalent position at the job site closest to the employee's
			 former job site.