(b) An employer that seeks approval of a plan shall submit an application to the director in the form and manner prescribed by the director by rule, accompanied by an application fee not to exceed $250.
(2) The director shall review and approve an application for a plan if the director finds that:
(a) The plan is made available to all employees who have been continuously employed with an employer for 30 days.
(b) The benefits afforded to employees covered under the plan are equal to or greater than the weekly benefits and the duration of leave that an eligible employee would qualify for under this chapter.
(3) An employer may make a plan available to employees who have been employed by the employer for less than 30 days but in no event may an employer require an employee to have been employed by the employer for more than 30 days to be eligible for coverage under the plan.
(4) Neither an employer that provides benefits under an approved plan nor an employee covered under such a plan is required to make the contributions under ORS 657B.150.
(5)(a) An employer may assume all or a part of the costs related to a plan approved under this section.
(b) If an employer assumes only part of the costs, the employer may deduct employee contributions from the wages of employees to finance the costs related to the plan, except that any contribution amounts deducted may not exceed the amount that an eligible employee would otherwise be required to contribute under ORS 657B.150.
(c) Employee contributions received or retained by an employer under this subsection must be used for plan expenses and are not considered to be a part of an employer’s assets for any purpose.
(6) Any paid sick leave earned under ORS 653.606 is in addition to the benefits made available under a plan that has been approved under this section.
(7) An employee who takes leave pursuant to a plan approved under this section shall provide notice to an employer of such leave in the same manner as provided in ORS 657B.040.
(8) A plan approved under this section shall remain in effect for a period of not less than one year.
(9) Nothing in this section prohibits an employee who is otherwise eligible from applying for coverage under the program established under ORS 657B.340 or under a separate employer-offered plan that has been approved under this section.
(10) The director shall adopt rules:
(a) To prevent the payment of benefits in excess of 100 percent of an eligible employee’s average weekly wage to an employee who is simultaneously covered under more than one employer-offered plan or who has additional coverage under the program established under ORS 657B.340; and
(b) That require that the benefits made available to an eligible employee who is covered under more than one plan shall be prorated under each respective plan.
(11) An employer that offers a plan approved under this section shall:
(a) Be subject to the same requirements provided in ORS 657B.060 and 657B.070;
(b) Maintain all reports, information and records relating to the plan, including payroll and account records that document employee contributions and expenses, in the manner established by the director by rule; and
(c) Provide written notice to employees that includes:
(A) Information about benefits available under the approved plan, including the duration of leave;
(B) The process for filing a claim to receive benefits under the plan;
(C) The process for employee deductions used to finance the costs of the plan, if any;
(D) An employee’s right to dispute a benefit determination in the manner determined by the director under ORS 657B.420;
(E) The right to job protection and benefits continuation, if applicable; and
(F) A statement that discrimination and retaliatory personnel actions against an employee for inquiring about the family and medical leave insurance program established under ORS 657B.340, giving notification of leave under the program, taking leave under the program or claiming family and medical leave insurance benefits are prohibited.
(12) Benefits received under this section are considered wages for purposes of a wage claim under ORS chapter 652.
(13) An employer whose application for plan approval was denied by the director under this section or terminated by the director under ORS 657B.220 may request review of the decision as provided in ORS 657B.410. [2019 c.700 §43]
Note: 657B.210 becomes operative January 1, 2023. See section 63, chapter 700, Oregon Laws 2019, as amended by section 1, chapter 30, Oregon Laws 2021, and section 6a, chapter 639, Oregon Laws 2021.
Note: Section 62a, chapter 700, Oregon Laws 2019, provides:
Sec. 62a. Notwithstanding the operative date specified in section 63 (1)(a) of this 2019 Act [January 1, 2023], an employer may apply to the Director of the Employment Department, in accordance with the application process established by the director under section 33 of this 2019 Act [657B.340], for approval of an employer-offered benefit plan described under section 43 of this 2019 Act [657B.210] on or after the effective date of this 2019 Act [September 29, 2019]. [2019 c.700 §62a]