Have employment as defined in OAR 461-001-0035 (Definitions; OSIP-EPD and OSIPM-EPD). Once found eligible, a client remains eligible under this subsection for the OSIPM-EPD program while not working if the employer treats the client as an employee, such as when the client is absent from the job under the provisions of the Family Medical Leave Act; and
If an OSIPM-EPD client becomes unemployed and meets all financial and non-financial eligibility requirements for OSIPM except for resources, the client may retain eligibility for OSIPM-EPD for up to 12 months in order to spend down to the OSIPM resource limit. The individual must continue to meet all financial and nonfinancial eligibility factors for OSIPM-EPD except employment. The 12-month period begins the first of the month following the loss of employment.