Oregon Administrative Rules
Chapter 471 - EMPLOYMENT DEPARTMENT
Division 70 - Paid Family Medical Leave Insurance
Section 471-070-1040 - Benefits: Calculation of Days and Weeks Worked
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The number of work days in a work week is based on the average number of work days worked by an employee at all places of employment.
(2) There is a maximum of seven work days in a work week.
(3) There is a maximum of 24 hours in a work day.
(4) When a work day spans two calendar days, such as a shift beginning on day one at 10 p.m. and ending on the next day at 5 a.m., the work day will count on the calendar day in which the shift began. For shifts longer than 24 hours, the first work day will count on the calendar day in which the shift began. The second and subsequent work days within that shift will begin after each 24 hour period thereafter.
(5) If a claimant works a variable or irregular schedule:
Example 1: Joshua works on an on-call basis and wants to apply for benefits. Joshua worked 39 days during the preceding 12 work weeks, an average of 3.25 days per work week (39 work days/12 work weeks). Joshua rounds up and reports an average of four work days per work week.
Example 2: Nicky started work with a variable schedule and wants to apply for benefits after nine weeks of work. Nicky has worked a total of 27 work days. Nicky will report an average of three work days worked per work week (27 work days /9 work weeks).
Statutory/Other Authority: ORS 657B.090 & 657B.340
Statutes/Other Implemented: ORS 657B.090
