2021 Oregon Revised Statutes
Chapter 657B - Family and Medical Leave Insurance
Section 657B.360 - Determining number of employees employed by employer; replacement workers; rules.


(2) A replacement worker who is hired to temporarily replace an eligible employee during a period of family leave, medical leave or safe leave shall not be counted as an employee for purposes of determining the number of employees employed by an employer. [2019 c.700 §35]

Structure 2021 Oregon Revised Statutes

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.030 - Use of other paid leave benefits in addition to paid family and medical leave insurance benefits.

Section 657B.040 - Notice to employers prior to commencing leave; exceptions.

Section 657B.050 - Amount of benefits; limits on weekly benefit amount; extent to which benefits are payable.

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.100 - Allowing or denying claim; notice of denial; decision final unless hearing requested.

Section 657B.110 - Continuous jurisdiction of director; reconsideration of previous decisions.

Section 657B.120 - False statements or failure to report material fact; erroneous payments; recovery or deduction of benefits paid because of misrepresentation or nondisclosure; penalties; rules.

Section 657B.130 - Elective coverage for certain individuals; notice of election; termination of coverage; rules for collection of contributions and benefit overpayments.

Section 657B.150 - Contributions; director to set rates; reporting requirements for employers; rules for successor in interest.

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.220 - Director review of benefits provided under equivalent plan; termination of noncompliant plan.

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.260 - Successor in interest required to continue offering approved plan to eligible employees until withdrawal of plan; request for withdrawal.

Section 657B.280 - Delinquent contributions and improper benefit payments as liens on real or personal property; foreclosure.

Section 657B.290 - Filing of lien statement or warrant.

Section 657B.300 - Alternative remedies for collection of amounts liable to be repaid; warrants; execution by sheriff.

Section 657B.310 - Release, compromise or satisfaction of lien.

Section 657B.320 - Delinquent contributions; interest; civil penalties; collection by civil action; settlement.

Section 657B.330 - Liability of certain officers, members, partners or employees for amounts in default.

Section 657B.340 - Family and medical leave insurance program; administration of program; rules; state agency assistance.

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.370 - Computation and assessment of employer contributions and interest; jeopardy assessments; application for hearing.

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.

Section 657B.900 - Criminal penalties.

Section 657B.910 - Penalty when employer fails to file contribution reports or pay contributions when due; notice of failure; waiver.

Section 657B.920 - Penalty when employer fails to file reports; amount of penalty; request for deletion of penalty.