ORS 657B.010
Definitions
Amended by SB 1515
Effective since January 1, 2023
Relating to family medical leave benefits; amending ORS 657B.010 and 657B.340.
Amended by SB 1525
Effective since June 3, 2022
Relating to connection to federal tax law; creating new provisions; amending ORS 178.300, 178.375, 238A.005, 238A.125, 238A.150, 238A.170, 238A.230, 238A.370, 238A.400, 238A.410, 238A.415, 238A.430, 238A.435, 305.239, 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010, 317.097, 317A.100, 458.670, 657.010 and 657B.010; and prescribing an effective date.
(1)
“Alternate base year” means the last four completed calendar quarters preceding the benefit year.(2)
“Average weekly wage” means the amount calculated by the Employment Department as the state average weekly covered wage under ORS 657.150 (Amount of benefits) (4)(e) as determined not more than once per year.(3)
“Base year” means the first four of the last five completed calendar quarters preceding the benefit year.(4)
“Benefits” means family and medical leave insurance benefits.(5)
“Benefit year” means the 12-month period as determined by the Director of the Employment Department by rule under ORS 657B.340 (Family and medical leave insurance program).(6)
“Child” means:(a)
A biological child, adopted child, stepchild or foster child of a covered individual or of the covered individual’s spouse or domestic partner;(b)
A person who is or was a legal ward of a covered individual or of the covered individual’s spouse or domestic partner; or(c)
A person who is or was in a relationship of in loco parentis with a covered individual or with the covered individual’s spouse or domestic partner.(7)
“Contribution” or “contributions” means the money payments made by any of the following under ORS 657B.150 (Contributions):(a)
An employer;(b)
An eligible employee;(c)
A self-employed individual;(d)
A tribal government; or(e)
An employee of a tribal government.(8)
“Covered individual” means any one of the following who qualifies to receive family and medical leave insurance benefits:(a)
An eligible employee;(b)
A self-employed individual; or(c)
An employee of a tribal government.(9)
“Domestic partner” means an individual joined in a domestic partnership.(10)
“Domestic partnership” has the meaning given that term in ORS 106.310 (Definitions for ORS 106.300 to 106.340).(11)
“Eligible employee” means:(a)
Intentionally left blank —Ed.(A)
An employee who has earned at least $1,000 in wages during the base year; or(B)
If an employee has not earned at least $1,000 in wages during the base year, an employee who has earned at least $1,000 in wages during the alternate base year; and(b)
Who may apply for paid family and medical leave insurance benefits under ORS 657B.015 (Benefit eligibility).(12)
“Eligible employee’s average weekly wage” means an amount calculated by the Director of the Employment Department by dividing the total wages earned by an eligible employee during the base year by the number of weeks in the base year.(13)
Intentionally left blank —Ed.(a)
“Employee” means:(A)
An individual performing services for an employer for remuneration or under any contract of hire, written or oral, express or implied.(B)
A home care worker as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625).(b)
“Employee” does not include:(A)
An independent contractor as defined in ORS 670.600 (Independent contractor defined).(B)
A participant in a work training program administered under a state or federal assistance program.(C)
A participant in a work-study program that provides students in secondary or postsecondary educational institutions with employment opportunities for financial assistance or vocational training.(D)
A railroad worker exempted under the federal Railroad Unemployment Insurance Act.(E)
A volunteer.(14)
Intentionally left blank —Ed.(a)
“Employer” means any person that employs one or more employees working anywhere in this state or any agent or employee of such person to whom the duties of the person under this chapter have been delegated.(b)
“Employer” includes:(A)
A political subdivision of this state or any county, city, district, authority or public corporation, or any instrumentality of a county, city, district, authority or public corporation, organized and existing under law or charter;(B)
An individual;(C)
Any type of organization, corporation, partnership, limited liability company, association, trust, estate, joint stock company or insurance company;(D)
Any successor in interest to an entity described in subparagraph (C) of this paragraph;(E)
A trustee, trustee in bankruptcy or receiver; or(F)
A trustee or legal representative of a deceased person.(c)
“Employer” does not include the federal government or a tribal government.(15)
“Employment agency” has the meaning given that term in ORS 658.005 (Definitions for ORS 658.005 to 658.245).(16)
“Family and medical leave insurance benefits” means the wage replacement benefits that are available to a covered individual under ORS 657B.050 (Amount of benefits) or under the terms of an employer plan approved under ORS 657B.210 (Equivalent plans, generally), for family leave, medical leave or safe leave.(17)
Intentionally left blank —Ed.(a)
“Family leave” means leave from work taken by a covered individual:(A)
To care for and bond with a child during the first year after the child’s birth or during the first year after the placement of the child through foster care or adoption; or(B)
To care for a family member with a serious health condition.(b)
“Family leave” does not mean:(A)
Leave described in ORS 659A.159 (Purposes for which family leave may be taken) (1)(d);(B)
Leave described in ORS 659A.159 (Purposes for which family leave may be taken) (1)(e); or(C)
Leave authorized under ORS 659A.093 (Employer required to provide leave).(18)
“Family member” means:(a)
The spouse of a covered individual;(b)
A child of a covered individual or the child’s spouse or domestic partner;(c)
A parent of a covered individual or the parent’s spouse or domestic partner;(d)
A sibling or stepsibling of a covered individual or the sibling’s or stepsibling’s spouse or domestic partner;(e)
A grandparent of a covered individual or the grandparent’s spouse or domestic partner;(f)
A grandchild of a covered individual or the grandchild’s spouse or domestic partner;(g)
The domestic partner of a covered individual; or(h)
Any individual related by blood or affinity whose close association with a covered individual is the equivalent of a family relationship.(19)
“Medical leave” means leave from work taken by a covered individual that is made necessary by the individual’s own serious health condition.(20)
“Parent” means:(a)
A biological parent, adoptive parent, stepparent or foster parent of a covered individual;(b)
A person who was a foster parent of a covered individual when the covered individual was a minor;(c)
A person designated as the legal guardian of a covered individual at the time the covered individual was a minor or required a legal guardian;(d)
A person with whom a covered individual was or is in a relationship of in loco parentis; or(e)
A parent of a covered individual’s spouse or domestic partner who meets a description under paragraphs (a) to (d) of this subsection.(21)
“Safe leave” means leave taken for any purpose described in ORS 659A.272 (Employer required to provide leave).(22)
“Self-employed individual” means:(a)
An individual who has self-employment income as defined in section 1402(b) of the Internal Revenue Code as amended and in effect on April 1, 2021; or(b)
An independent contractor as defined in ORS 670.600 (Independent contractor defined).(23)
“Serious health condition” has the meaning given that term in ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186).(24)
“Third party administrator” means a third party that enters into an agreement with the Director of the Employment Department to implement and administer the paid family and medical leave program established under this chapter.(25)
“Tribal government” has the meaning given that term in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946).(26)
“Wages” has the meaning given that term in ORS 657.105 (Wages). [2019 c.700 §2; 2021 c.388 §10; 2021 c.456 §29]
Source:
Section 657B.010 — Definitions, https://www.oregonlegislature.gov/bills_laws/ors/ors657B.html.
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