ORS § 657B.010

Current through 2024 Regular Session legislation

Section 657B.010 - [Operative until 1/1/2025] Definitions

As used in this chapter:

(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 (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)

(a) "Benefit year" means, except as provided in paragraph (b) of this subsection, a period of 52 consecutive weeks beginning on the Sunday immediately preceding the date on which family leave, medical leave or safe leave commences.

(b) "Benefit year" means, in the event that the 52-week period described in paragraph (a) of this subsection would result in an overlap of any quarter of the base year of a previously filed valid claim, a period of 53 consecutive weeks beginning on the Sunday immediately preceding the date on which family leave, medical leave or safe leave commences.

(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) "Claimant" means an individual who has submitted an application or established a claim for benefits.

(8) "Contribution" or "contributions" means the money payments made by any of the following under ORS 657B.150:

(a) An employer;

(b) An employee;

(c) A self-employed individual;

(d) A tribal government; or

(e) An employee of a tribal government.

(9) "Covered individual" means any one of the following who qualifies under ORS 657B.015 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.

(10) "Domestic partner" means an individual joined in a domestic partnership.

(11) "Domestic partnership" has the meaning given that term in ORS 106.310.

(12) "Eligible employee" means:

(a)

(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) An employee to whom paid family and medical leave insurance benefits may be available under ORS 657B.015.

(13) "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.

(14)

(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.

(b) "Employee" does not include:

(A) An independent contractor as defined in ORS 670.600.

(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.

(F) A judge as defined in ORS 260.005.

(G) A member of the Legislative Assembly.

(H) A holder of public office as defined in ORS 260.005.

(15)

(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.

(16) "Employment agency" has the meaning given that term in ORS 658.005.

(17) "Family and medical leave insurance benefits" means the wage replacement benefits that are available to a covered individual under ORS 657B.050 or under the terms of an employer plan approved under ORS 657B.210, for family leave, medical leave or safe leave.

(18)

(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 (1)(a) except for leave to care for a child who requires home care due to an illness, injury or condition that is a serious health condition;

(B) Leave described in ORS 659A.159 (1)(b); or

(C) Leave authorized under ORS 659A.093.

(19) "Family member" means:

(a) The spouse of a covered individual;

(b) A child or the child's spouse or domestic partner;

(c) A parent 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.

(20) "Medical leave" means leave from work taken by a covered individual that is made necessary by the individual's own serious health condition.

(21) "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.

(22) "Safe leave" means leave taken for any purpose described in ORS 659A.272.

(23) "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 December 31, 2022; or

(b) An independent contractor as defined in ORS 670.600.

(24) "Serious health condition" means:

(a) An illness, injury, impairment or physical or mental condition that requires inpatient care in a hospital, hospice or residential medical care facility;

(b) An illness, disease or condition that in the medical judgment of the treating health care provider poses an imminent danger of death, is terminal in prognosis with a reasonable possibility of death in the near future, or requires constant care;

(c) Any period of disability due to pregnancy, or period of absence for prenatal care; or

(d) Any period of absence for the donation of a body part, organ or tissue, including preoperative or diagnostic services, surgery, post-operative treatment and recovery.

(25) "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.

(26) "Tribal government" means:

(a) A tribal government as defined in ORS 181A.940; or

(b) A federally recognized Indian tribe.

(27)

(a) "Wages" has the meaning given that term in ORS 657.105.

(b) "Wages" does not mean contribution amounts paid to the Paid Family and Medical Leave Insurance Fund by an employer on behalf of an employee under ORS 657B.150 (5).

ORS 657B.010

Amended by 2024 Ch. 75,§ 29, eff. 6/6/2024.

Amended by 2024 Ch. 20,§ 3, eff. 3/20/2024, op. 7/1/2024.

Amended by 2023 Ch. 292,§ 11, eff. 9/24/2023.

Amended by 2023 Ch. 171,§ 29, eff. 9/24/2023.

Amended by 2022 Ch. 24, § 1, eff. 1/1/2023.

Amended by 2022 Ch. 83, § 29, eff. 6/3/2022.

Amended by 2021 Ch. 456, § 29, eff. 9/25/2021.

2019 c. 700, § 2

Section 16 (8), chapter 292, Oregon Laws 2023, provides:

Sec. 16. (8) The amendments to ORS 657B.010 by section 11 of this 2023 Act apply to contributions paid and benefits made available on or after January 1, 2023. [2023 c. 292, § 16(8); 2023 c. 292, § 16a(8)]

This section is set out more than once due to postponed, multiple, or conflicting amendments.