Current through Register Vol. 63, No. 9, September 1, 2024
(1) The director
shall make available to all employers offering an approved equivalent plan, a
Paid Family and Medical Leave Insurance (PFMLI) notice poster template that
meets the requirements under this rule.
(2) An employer that offers a plan approved
under ORS 657B.210 shall provide a written
notice poster 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, including any employee
notice requirements and penalties established by the employer in accordance
with ORS 657B.040, if
applicable;
(c) The process for an
employee to appeal to the employer or administrator based on a decision made by
their employer or administrator as described in OAR
471-070-2220(13);
(d) The process for employee deductions used
to finance the cost of the plan, if any;
(e) An employee's right to dispute a benefit
determination after the appeal with the employer or administrator in the manner
determined by the director under ORS
657B.420 and OAR
471-070-2400;
(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;
(g) The right to job protection and benefits
continuation under ORS
657B.060;
(h) The right of an employee to bring a civil
action or to file a complaint for violation of ORS
657B.060 or
657B.070; and
(i) A statement that any health information
related to family leave, medical leave or safe leave provided to an employer or
plan administrator by an employee is confidential and may not be released
without the permission of the employee unless state or federal law or a court
order permits or requires disclosure.
(3)
(a)
Each employer must display the notice poster in each of the employer's
buildings or worksites in an area that is accessible to and regularly
frequented by employees; and
(b) An
employer with employee(s) assigned to remote work must additionally provide, by
hand delivery, regular mail, or through an electronic delivery method, a copy
of the notice poster to each employee assigned to remote work. The notice
poster must be delivered or sent to each employee assigned to remote work upon
the employee's hire or assignment to remote work.
(4)
(a) For
employers that have employee(s) working in buildings or worksites, the notice
poster displayed under (3)(a) of this rule by the employer must be displayed in
the language the employer typically uses to communicate with the employee. If
the employer uses more than one language to communicate with employees assigned
to a building or worksite, then the employer must display copies of the notice
poster in each of the languages that the employer would typically use to
communicate with the employees assigned to that building or worksite;
and
(b) For employers that have
employee(s) assigned to remote work, the notice poster provided under (3)(b) of
this rule by the employer must be provided in the language the employer
typically uses to communicate with each employee assigned to remote
work.
(5) An employer
with an equivalent plan that does not provide coverage on the employee's first
day of employment must additionally provide written notice poster to newly
hired employees as described in OAR
471-070-1300.
Publications: Contact the Oregon Employment Department for
information about how to obtain a copy of the publication referred to or
incorporated by reference in this rule.
Statutory/Other Authority: ORS
657B.340
Statutes/Other Implemented: ORS
657B.210 &
657B.070
