OAR 839-006-0146
Injured Workers: Injured Temporary Workers and Employer Responsibilities


Subject to these rules regarding position availability and suitability, and except as otherwise provided in a valid collective bargaining agreement:

(1)

A worker serving on probationary or trial service status (whether due to initial hire, promotion or disciplinary measures) when a compensable injury occurs, has the same rights under ORS 659A.043 (Reinstatement of injured worker to former position) and 659A.046 (Reemployment of injured worker in other available and suitable work) as other injured workers. Upon return to work, however, the injured worker resumes the worker’s probationary or trial service status unless the employer waives such status.

(2)

A seasonal worker must be employed by an employer for at least six months in a calendar year to be eligible for reinstatement to the former position under ORS 659A.043 (Reinstatement of injured worker to former position). This requirement does not apply to seasonal workers seeking reemployment to an available, suitable position under 659A.046 (Reemployment of injured worker in other available and suitable work). If the employment season ends prior to a seasonal worker’s release to the former position under 659A.043 (Reinstatement of injured worker to former position), or to an available, suitable position under 659A.046 (Reemployment of injured worker in other available and suitable work), reinstatement or reemployment is deferred until the next season.

(3)

A worker hired on a temporary basis as a replacement for an injured worker, and who is injured while in the temporary replacement position, does not have reinstatement rights under ORS 659A.043 (Reinstatement of injured worker to former position).

(4)

A worker employed in a limited-duration or temporary position has reinstatement and reemployment rights under ORS 659A.043 (Reinstatement of injured worker to former position) and 659A.046 (Reemployment of injured worker in other available and suitable work) as follows:

(a)

Under ORS 659A.043 (Reinstatement of injured worker to former position), a worker injured on the job while employed for a limited duration and released to the worker’s former position must be reinstated to the former position, from the date of timely demand until the date the limited duration was originally set to expire;

(b)

Under ORS 659A.043 (Reinstatement of injured worker to former position), a worker injured on the job while employed in a temporary position ending at the completion of a defined task, and released to the former position, must be reinstated to the former position from the date of timely demand until the task is completed;

(c)

Under ORS 659A.046 (Reemployment of injured worker in other available and suitable work), a worker injured on the job while employed for a limited duration and released to an available, suitable position must be reemployed in the next available, suitable position from the date of timely demand until the date the limited duration was originally set to expire;

(d)

Under ORS 659A.046 (Reemployment of injured worker in other available and suitable work), a worker injured on the job while employed in a temporary position ending at the completion of a defined task and released to an available, suitable position must be reemployed in the next available, suitable position from the date of timely demand until the task is completed.

(5)

Nothing in this rule prevents an employer from extending the original period of employment in the worker’s favor.

Source: Rule 839-006-0146 — Injured Workers: Injured Temporary Workers and Employer Responsibilities, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-006-0146.

839‑006‑0100
Injured Workers: Purpose and Scope
839‑006‑0105
Injured Workers: Definitions
839‑006‑0115
Injured Workers: Covered Employees and Employers
839‑006‑0117
Injured Workers: Prohibited Discrimination
839‑006‑0130
Injured Workers: Reinstatement Under ORS 659A.043
839‑006‑0131
Injured Workers: Loss of Reinstatement Rights Under ORS 659A.043
839‑006‑0135
Injured Workers: Reemployment Under ORS 659A.046
839‑006‑0136
Injured Workers: Loss of Reemployment Rights Under ORS 659A.046
839‑006‑0145
Injured Workers: Suitable Employment
839‑006‑0146
Injured Workers: Injured Temporary Workers and Employer Responsibilities
839‑006‑0150
Injured Workers: Retention and Loss of Reinstatement and Reemployment Rights
839‑006‑0200
Disability and Employment Rights: Purpose and Scope
839‑006‑0202
Disability and Employment Rights: Determining Disability under ORS 659A.103 to 659A.142
839‑006‑0205
Disability and Employment Rights: Definitions
839‑006‑0206
Disability and Employment Rights: Reasonable Accommodation
839‑006‑0212
Disability and Employment Rights: Determining Whether an Impairment Substantially Limits a Major Life Activity
839‑006‑0240
Disability and Employment Rights: Temporary or Progressive Impairments
839‑006‑0242
Disability and Employment Rights: Medical Evaluation
839‑006‑0244
Disability and Employment Rights: Direct Threat to Health or Safety, Employment
839‑006‑0250
Disability and Employment Rights: Customer or Co-Worker Preference
839‑006‑0255
Disability and Employment Rights: Effect of Law
839‑006‑0265
Disability and Employment Rights: Subterfuge
839‑006‑0270
Discrimination against Persons with Disabilities by State Government: Purpose and Scope
839‑006‑0275
Defining Disability for Purposes of Discrimination by State Government
839‑006‑0280
Discrimination against Persons with Disabilities by State Government: Definitions
839‑006‑0290
Other Statutes, Regulations and Agencies Governing Access by or Discrimination against Persons with Disabilities
839‑006‑0291
Discrimination against Persons with Disabilities by State Government: Reasonable Modifications
839‑006‑0292
Discrimination against Persons with Disabilities by State Government: Definitions for Auxiliary Aids and Services
839‑006‑0295
Discrimination against Persons with Disabilities by State Government: Provision of Auxiliary Aids and Services
839‑006‑0300
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Purpose and Scope
839‑006‑0305
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Definitions
839‑006‑0310
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Removal of Physical Barriers to Facilities
839‑006‑0320
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Provision of Auxiliary Aids
839‑006‑0330
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Removal of Barriers to Goods and Services
839‑006‑0335
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Direct Threat to Health or Safety
839‑006‑0340
Discrimination Theories: Discrimination against Individuals with Disabilities by State Government or Places of Public Accommodation
839‑006‑0345
Assistance Animals in Places of Public Accommodation or of Access to State Government
839‑006‑0350
Requirements for Transient Lodging: Lift Systems for Transient Lodging
839‑006‑0435
Veterans’ Preference in Public Employment
839‑006‑0440
Veterans’ Preference in Public Employment: Definitions
839‑006‑0445
Eligibility for Employment Preference
839‑006‑0450
Veterans’ Preference in Public Employment: Applying the Employment Preference
839‑006‑0455
Veterans’ Preference in Public Employment: Employment Preference for Promotions
839‑006‑0460
Veterans’ Preference in Public Employment: Appointment to a Position
839‑006‑0465
Veterans’ Preference in Public Employment: Certification
839‑006‑0470
Veterans’ Preference in Public Employment: Enforcement
839‑006‑0480
Discrimination Based on Uniformed Service
Last Updated

Jun. 8, 2021

Rule 839-006-0146’s source at or​.us