(2) The Director of the Employment Department may assess a civil penalty in an amount not to exceed $1,000 against an employer for each occurrence that violates subsection (1) of this section.
(3) If the director determines that a covered individual willfully made a false statement or willfully failed to report a material fact in order to obtain benefits under this chapter, the covered individual is:
(a) Disqualified from claiming benefits for one year; and
(b) Liable for a penalty imposed at a rate prescribed by the director of at least 15 percent, but not greater than 30 percent, of the amount of benefits the individual received to which the individual was not entitled.
(4) If the director determines that a covered individual has received benefits to which the individual was not entitled, the director may:
(a) Seek repayment of benefits from the covered individual in a manner prescribed by the director by rule; and
(b) Have the amount of the benefits deducted from any future benefits otherwise payable to the individual under ORS 657B.100.
(5) If benefits are paid because of an error that is not due to provision of a false statement, nondisclosure of a material fact or misrepresentation by a covered individual, the director may waive, in whole or in part, the amount of any such payments for which recovery under subsection (4) of this section would be against equity, good conscience or administrative efficiency.
(6) 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 and the decision specifies:
(a) That the covered individual, by reason of false statement, nondisclosure or misrepresentation, is liable to repay the amount to the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430;
(b) The nature of the false statement, nondisclosure or misrepresentation;
(c) The week or weeks for which the benefits were paid; and
(d) That any amount subject to recovery and any penalty due under this section may be collected by the director in a civil action against the employer or covered individual brought in the name of the director.
(7) The director shall adopt rules establishing standards and procedures for the repayment of benefits and payment of penalties and interest under this section.
(8) An employer or covered individual may appeal a determination made under this section as provided in ORS 657B.410. [2019 c.700 §15]
Note: 657B.120 becomes operative September 3, 2023. See section 63, chapter 700, Oregon Laws 2019, as amended by section 1, chapter 30, Oregon Laws 2021, and section 6a, chapter 639, Oregon Laws 2021.
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 657B - Family and Medical Leave Insurance
Section 657B.005 - Legislative findings.
Section 657B.010 - Definitions.
Section 657B.015 - Benefit eligibility.
Section 657B.020 - Qualifying purposes for benefits; duration of benefits.
Section 657B.025 - Coordination of leave.
Section 657B.040 - Notice to employers prior to commencing leave; exceptions.
Section 657B.060 - Job protection; benefits; discrimination prohibited.
Section 657B.070 - Denying leave; discrimination and retaliation prohibited; remedies for violation.
Section 657B.080 - False statements or failure to report material fact by employer.
Section 657B.090 - Claim for benefits; leave increment requirements.
Section 657B.110 - Continuous jurisdiction of director; reconsideration of previous decisions.
Section 657B.175 - Effect of place of performance of service.
Section 657B.180 - Unlawful practices of employer.
Section 657B.190 - Employer’s security for payment of contributions.
Section 657B.200 - Employer assistance grants; eligibility; rules.
Section 657B.210 - Equivalent plans, generally; rules; fee.
Section 657B.230 - Application for reapproval of plan.
Section 657B.240 - Withdrawal from plan; handling of employee deductions.
Section 657B.250 - Portability of benefits and retention of eligibility status between jobs.
Section 657B.290 - Filing of lien statement or warrant.
Section 657B.310 - Release, compromise or satisfaction of lien.
Section 657B.350 - Third party administrator; agreements; oversight by director.
Section 657B.360 - Determining number of employees employed by employer; replacement workers; rules.
Section 657B.380 - Advisory committee; membership; terms.
Section 657B.390 - Employment records; inspection.
Section 657B.400 - Confidentiality of information.
Section 657B.410 - Appeals process, generally; process subject to judicial review.
Section 657B.420 - Appeals of decisions under equivalent employer plan; rules.
Section 657B.430 - Paid Family and Medical Leave Insurance Fund.
Section 657B.440 - Employer required to provide notice advising employees of rights and duties.
Section 657B.460 - Construction of chapter.
Section 657B.470 - Preemption of local laws relating to paid family and medical leave.