OAR 471-070-1015: Benefits: Leave from Work

(1) For an individual to be considered as taking leave from work, the individual must: (a) Be otherwise expected to be available to work a work day or work week; and (b) Be unable to perform their employment duties due to a qualifying purpose under ORS 657B.020. (2) An individual may not be considered as taking leave from work if they are not performing their employment duties for reasons other than Paid Leave Oregon qualifying purposes described in ORS 657B.020 for a period of a week or longer. This timeframe does not apply to circumstances covered under subsection (b) of this rule, which may be less than a week. Reasons other than Paid Leave Oregon qualifying purposes include but are not limited to, circumstances related to: (a) An employer’s business operations, such as: (A) A lapse in seasonal operations; (B) School break periods; or (C) Other suspensions or cessations of an employer’s business operations. (b) A period of incarceration, in which an individual is unable to perform their employment duties as a result of being an adult in custody. Example 1: Rory is a seasonal employee for a vegetable farm in the Willamette Valley. Rory does not work at the farm in December and January but is still considered an employee of the vegetable farm and does not have other paid employment during this time. Rory does not qualify for Paid Leave Oregon benefits in December and January because Rory is not taking leave from work, as Rory is not expected to be available to work and does not perform employment duties at the vegetable farm during these months. Example 2: Selena is an instructor at Oregon State University with a 9-month contract that begins in September and ends in June. Selena also teaches summer courses at the University of Oregon between June and September. Selena qualifies for Paid Leave Oregon benefits for a qualifying purpose during the summer break at Oregon State University because Selena is taking leave from work, as Selena is expected to be available to work and perform employment duties at the University of Oregon between June and September. Example 3: Fiona works at a restaurant as a server and is scheduled to work a five-day work week Monday through Friday. On Monday and Tuesday Fiona is serving an adult in custody sentence. On Thursday and Friday of the same week, Fiona needs to take care of their father who has a serious health condition. Fiona qualifies for Paid Leave Oregon benefits on Thursday and Friday because Fiona is taking leave from work on these days as Fiona is expected to be available to work and is unable to perform employment duties on these days due to a Paid Leave Oregon qualifying purpose. Fiona does not qualify for Paid Leave Oregon benefits on Monday and Tuesday, even if they have a Paid Leave Oregon qualifying purpose, because Fiona is unable to perform duties for their employer for reasons other than a Paid Leave Oregon qualifying purpose. Example 4: Jack works as a store manager for a clothing store and was approved for four weeks of Paid Leave Oregon benefits to bond with a child after birth. After two weeks of bonding leave, Jack starts a six-month period of incarceration. Jack does not qualify for Paid Leave Oregon benefits during the remaining two weeks of leave, because during the time Jack is an adult in custody, they are unable to perform their employment duties for reasons other than a Paid Leave Oregon qualifying purpose. Once Jack completes the period of incarceration and resumes paid employment, Jack may again be eligible for Paid Leave Oregon benefits for a qualifying purpose. Example 5: Joelle is a high school teacher with a nine-month contract that begins in September and ends in June. Joelle is not expected to teach during the school break periods and does not have other paid employment during that time. Joelle does not qualify for Paid Leave Oregon benefits during school break periods, because Joelle is not taking leave from work, as they are not expected to be available to work during those times and would not perform their employment duties during break times. Example 6: Carey is a bank teller and is scheduled to work a five-day work week Monday through Friday. Carey takes 12 weeks of leave for hip replacement surgery beginning in November. Carey’s employer observes Thanksgiving Day, Christmas Day, and New Year’s Day as paid holidays. Even though Carey is not expected to be available to work on observed holidays for reasons other than a Paid Leave Oregon qualifying purpose, Carey will receive full Paid Leave Oregon benefits since the days Carey is not expected to be available to work are less than one week in duration.