Portability of benefits and retention of eligibility status between jobs.

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(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(B) The employer has withdrawn from the plan as provided under ORS 657B.240;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]

Note: 657B.250 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.


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