2021 Oregon Revised Statutes
Chapter 657B - Family and Medical Leave Insurance
Section 657B.410 - Appeals process, generally; process subject to judicial review.


(a) An employer may request a hearing to obtain review of a final decision of the director regarding approval or denial of an employer’s application for approval of a plan under ORS 657B.210.
(b) A covered individual may request a hearing to obtain review of a final decision of the director regarding:
(A) Approval or denial of a claim submitted to the director for payment of family and medical leave insurance benefits;
(B) The weekly benefit amount payable to a covered individual as determined under ORS 657B.050; or
(C) Disqualification from the receipt of benefits including liability or repayment of benefits as determined under ORS 657B.120.
(2) Notwithstanding ORS 183.315, the process established by the director under this section shall comply with provisions for a contested case under ORS chapter 183 and is subject to judicial review as provided in ORS 183.482. [2019 c.700 §31]
Note: 657B.410 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

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.