(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 657B.340.
(b) Notwithstanding ORS 657B.210 (3), an employee who was eligible for benefits under a plan approved under ORS 657B.210 is automatically eligible for benefits under a plan that is offered by a new employer and that has been approved under ORS 657B.210.
(c) For purposes of this subsection, an employee has ceased to be covered by an approved plan if:
(A) The employee takes family leave, medical leave or safe leave after the employee has separated from employment with an employer that offered a plan approved under ORS 657B.210;
(B) The employer has withdrawn from the plan as provided under ORS 657B.240;
(C) The Director of the Employment Department has terminated the plan under ORS 657B.220; or
(D) The director finds that the employer is insolvent or has discontinued doing business in this state. [2019 c.700 §47]
Note: 657B.250 becomes operative January 1, 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.