OAR 839-006-0115
Injured Workers: Covered Employees and Employers
(1)
As provided in ORS 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited), an employer may not discriminate against employees or applicants with respect to hire or tenure or any term or condition of employment because the worker has applied for benefits or invoked or utilized the procedures provided for in ORS Chapter 656 (Workers’ Compensation) or 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited) to 659A.052 (Reemployment rights of injured state workers) or has given testimony, is about to give testimony or is perceived as having testified under the provisions of such sections. As provided in 659A.046 (Reemployment of injured worker in other available and suitable work), an employer must reemploy an injured worker who is unable to perform the duties of the worker’s former position to an available, suitable position. “Employer” for the purposes of 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited) and 659A.046 (Reemployment of injured worker in other available and suitable work) includes persons employing six or more employees on a full-time, part-time or seasonal basis at one of the following times:(a)
At the time of the worker’s on-the-job injury;(b)
At the time of the injured worker’s demand for reemployment under ORS 659A.046 (Reemployment of injured worker in other available and suitable work); or(c)
At the time of the discriminatory act alleged under ORS 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited).(2)
As provided in ORS 659A.043 (Reinstatement of injured worker to former position), an employer must reinstate an injured worker to the worker’s former position. If the former position no longer exists the employer must offer the worker a vacant, suitable position. “Employer” for the purposes of 659A.043 (Reinstatement of injured worker to former position) are those employing 21 or more workers at one of the following times:(a)
At the time of the worker’s on-the-job injury; or(b)
At the time of the worker’s demand for reinstatement to the worker’s former position under ORS 659A.043 (Reinstatement of injured worker to former position).(3)
The “six or more persons” referred to in section (1) and the “21 or more employees” referred to in section (2) need not be employed within Oregon.
Source:
Rule 839-006-0115 — Injured Workers: Covered Employees and Employers, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-006-0115.