OAR 839-006-0146: Injured Workers: Injured Temporary Workers and Employer Responsibilities

Subject to these rules regarding position availability and suitability, and except as otherwise provided in a valid collective bargaining agreement: (1) A worker serving on probationary or trial service status (whether due to initial hire, promotion or disciplinary measures) when a compensable injury occurs, has the same rights under ORS 659A.043 and 659A.046 as other injured workers. Upon return to work, however, the injured worker resumes the worker’s probationary or trial service status unless the employer waives such status. (2) A seasonal worker must be employed by an employer for at least six months in a calendar year to be eligible for reinstatement to the former position under ORS 659A.043. This requirement does not apply to seasonal workers seeking reemployment to an available, suitable position under 659A.046. If the employment season ends prior to a seasonal worker’s release to the former position under 659A.043, or to an available, suitable position under 659A.046, reinstatement or reemployment is deferred until the next season. (3) A worker hired on a temporary basis as a replacement for an injured worker, and who is injured while in the temporary replacement position, does not have reinstatement rights under ORS 659A.043. (4) A worker employed in a limited-duration or temporary position has reinstatement and reemployment rights under ORS 659A.043 and 659A.046 as follows: (a) Under ORS 659A.043, a worker injured on the job while employed for a limited duration and released to the worker’s former position must be reinstated to the former position, from the date of timely demand until the date the limited duration was originally set to expire; (b) Under ORS 659A.043, a worker injured on the job while employed in a temporary position ending at the completion of a defined task, and released to the former position, must be reinstated to the former position from the date of timely demand until the task is completed; (c) Under ORS 659A.046, a worker injured on the job while employed for a limited duration and released to an available, suitable position must be reemployed in the next available, suitable position from the date of timely demand until the date the limited duration was originally set to expire; (d) Under ORS 659A.046, a worker injured on the job while employed in a temporary position ending at the completion of a defined task and released to an available, suitable position must be reemployed in the next available, suitable position from the date of timely demand until the task is completed. (5) Nothing in this rule prevents an employer from extending the original period of employment in the worker’s favor.