Oregon Statutes 657.170 – Extending base year; limitation
(1) If the Director of the Employment Department finds that during the base year of the individual any individual has been incapable of work during the greater part of any calendar quarter, such base year shall be extended a calendar quarter. Except as provided in subsection (2) of this section, no such extension of an individual’s base year shall exceed four calendar quarters.
Terms Used In Oregon Statutes 657.170
- Benefits: means the money allowances payable to unemployed persons under this chapter. See Oregon Statutes 657.010
- Calendar quarter: means the period of three consecutive calendar months ending on March 31, June 30, September 30 or December 31, or the approximate equivalent thereof, as the Director of the Employment Department may, by rule, prescribe. See Oregon Statutes 657.010
- employment: includes service that is:
(a) Subject to the tax imposed by the Federal Unemployment Tax Act; or
(b) Required to be covered under this chapter as a condition for employers to receive a full tax credit against the tax imposed by the Federal Unemployment Tax Act. See Oregon Statutes 657.030
- Valid claim: means any claim for benefits made in accordance with ORS § 657. See Oregon Statutes 657.010
- wages: means all remuneration for employment, including the cash value, as determined by the Director of the Employment Department under the regulations of the director, of all remuneration paid in any medium other than cash. See Oregon Statutes 657.105
- Week: means any period of seven consecutive calendar days ending at midnight, as the director may prescribe by rule. See Oregon Statutes 657.010
(2) If the director finds that during and prior to the individual’s base year the individual has had a period of temporary total disability caused by illness or injury and has received compensation under ORS Chapter 656 for a period of temporary total disability during the greater part of any calendar quarter, the individual’s base year shall be extended as many calendar quarters as necessary to establish a valid claim, up to a maximum of four calendar quarters prior to the quarter in which the illness or injury occurred, if the individual:
(a) Files a claim for benefits not later than the fourth calendar week of unemployment following whichever is the latest of the following dates:
(A) The date the individual is released to return to work by the attending physician, as defined in ORS Chapter 656, or a nurse practitioner authorized to provide compensable medical services under ORS § 656.245; or
(B) The date of mailing of a notice of claim closure pursuant to ORS Chapter 656; and
(b) Files such a claim within the three-year period immediately following the commencement of such period of illness or injury.
(3) Notwithstanding the provisions of this section, benefits payable as a result of the use of wages paid in a calendar quarter prior to the individual’s current base year shall not exceed one-third of such wages less benefits paid previously as a result of the use of such wages in computing a previous benefit determination. [Amended by 1953 c.646 § 2; 1961 c.208 § 1; 1989 c.235 § 1; 1995 c.105 § 5; 1999 c.313 § 14; 2003 c.811 19,20; 2005 c.218 5,6; 2007 c.365 § 10]