Oregon Statutes 657B.250 – Portability of benefits and retention of eligibility status between jobs
(1) An employee who is a covered individual under the program established under ORS § 657B.340 retains such status until the employee qualifies for coverage under a plan approved under ORS § 657B.210.
Terms Used In Oregon Statutes 657B.250
- Benefits: means family and medical leave insurance benefits. See Oregon Statutes 657B.010
- Covered individual: means any one of the following who qualifies under ORS § 657B. See Oregon Statutes 657B.010
- 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. See Oregon Statutes 657B.010
- 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. See Oregon Statutes 657B.010
- Medical leave: means leave from work taken by a covered individual that is made necessary by the individual's own serious health condition. See Oregon Statutes 657B.010
- Safe leave: means leave taken for any purpose described in ORS § 659A. See Oregon Statutes 657B.010
(2)(a) An employee who has ceased to be covered by a plan approved under ORS § 657B.210, is, if otherwise eligible, automatically qualified to receive family and medical leave insurance benefits under the program established under ORS § 657B.340.
(b) Notwithstanding ORS § 657B.210 (3), an employee who was eligible for benefits under a plan approved under ORS § 657B.210 is automatically eligible for benefits under a plan that is offered by a new employer and that has been approved under ORS § 657B.210.
(c) For purposes of this subsection, an employee has ceased to be covered by an approved plan if:
(A) The employee takes family leave, medical leave or safe leave after the employee has separated from employment with an employer that offered a plan approved under ORS § 657B.210;
(B) The employer has withdrawn from the plan as provided under ORS § 657B.240;
(C) The Director of the Employment Department has terminated the plan under ORS § 657B.220; or
(D) The director finds that the employer is insolvent or has discontinued doing business in this state. [2019 c.700 § 47]