OAR 101-015-0056
All Benefit-Eligible Employees Not Included in Emergency Family Medical Leave Expansion Act during the COVID-19 pandemic


(1) Benefit eligible full-time and part-time employees who do not meet the 80-hour minimum requirement and who are not in a current stability period under the Affordable Care Act or on approved FMLA, CBIW or other protected leave, will remain eligible for medical, dental, vision and employee basic life insurance. Employees that fail to meet the 80-hour minimum requirement will not be paid the monthly opt out incentive.
(a) This rule is to be used in those temporary situations when the intent is to bring the employee back to active coverage. If the intent is to terminate the employee’s position or reduce this position to a non-benefit eligible position, then the employer needs to terminate active benefits and offer the employee COBRA at the end of the month in which this determination is made.
(b) This rule does not stipulate premium arrangements as those are based on an agreement between the employee and their employer.
(2) An employee may choose to self-pay or cancel their optional coverages. Failure to self-pay for these optional coverages may result in the cancellation of these coverages. These optional coverages would be reinstated when the employee returns to work. The employee may have a lapse in these coverages and may not use these benefits during their period of premium non-payment. Terminated Flexible Spending Accounts (FSA) will not reinstate automatically. Subscribers may enroll in an FSA consistent with a qualified status change upon their return to work. If an employee cancels their Long-Term Care coverage, the employee must re-apply at their current age upon returning to work.

Source: Rule 101-015-0056 — All Benefit-Eligible Employees Not Included in Emergency Family Medical Leave Expansion Act during the COVID-19 pandemic, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=101-015-0056.

Last Updated

Jun. 8, 2021

Rule 101-015-0056’s source at or​.us