Current through Register Vol. 63, No. 9, September 1, 2024
(1) An employer may apply for an assistance
grant only:
(a) After an eligible employee has
been approved by the department for family leave, medical leave or safe leave;
and
(b) Prior to the end of the
fourth month following the last day of the eligible employee's period of
leave.
(2) An
application for a grant must be submitted online or by another method approved
by the department. The grant application must be complete and include the
following:
(a) Information about the employer
applying for the grant, including:
(A)
Business Identification Number or Federal Employer Identification
Number;
(B) Business
name;
(C) Business address;
and
(D) Business contact person's
name and contact information;
(b) Information about the eligible employee
taking leave for which the employer is requesting the grant, including but not
limited to:
(A) First and last name;
(B) Social Security Number (SSN) or
Individual Taxpayer Identification Number (ITIN);
(C) Start date of the leave; and
(D) End date or expected leave end
date;
(c) Information
about the grant being requested, including:
(A) Type of grant requested; and
(B) Grant amount requested, when
applicable;
(d) Written
documentation demonstrating that the employer:
(A) Hired a temporary worker to replace an
eligible employee on family leave, medical leave, or safe leave, including the
temporary worker's name, start date, SSN or ITIN, and documentation
demonstrating that the worker qualifies as a temporary worker for an assistance
grant under section (7) of this rule; or
(B) Incurred significant additional
wage-related costs due to an eligible employee's use of leave and the amount,
including, but not limited to, receipts, personnel or payroll records, or sworn
statements; and
(e)
Acknowledgement that:
(A) The employer is
required to pay the employer contribution for a period of eight calendar
quarters in accordance with OAR
471-070-3750; and
(B) The employer could be required to repay
an assistance grant if the employer is later deemed to be ineligible in
accordance with OAR 471-070-3850.
(3) An employer that
receives a grant under ORS
657B.200(1)(b)
may submit another grant application requesting an additional grant under ORS
657B.200(2).
(a) The new grant application must contain:
(A) A new leave end date or new expected
leave end date showing an extension of the initial period of leave requested;
and
(B) Written documentation
demonstrating that a temporary worker was hired to replace an eligible employee
on family leave, medical leave or safe leave including the temporary worker's
name, start date, SSN or ITIN, and documentation demonstrating that the worker
qualifies as a temporary worker for an assistance grant under section (7) of
this rule.
(b) The
additional grant application submitted under this section will not count
against an employer's application limit under ORS
657B.200(3).
(4) An incomplete application will
not be considered by the department until and unless it is completed and will
not count against an employer's application limit under ORS
657B.200(3).
(5) The department may deny an application
for a grant for reasons that include, but are not limited to, the employer's
failure to demonstrate that:
(a) The employer
hired a temporary worker or incurred significant additional wage-related costs;
or
(b) The temporary worker hired
or significant additional wage-related costs incurred was due to an employee's
use of family leave, medical leave or safe leave.
(6) A denied grant application will count
against an employer's application limit under ORS
657B.200(3).
(7) A worker hired to replace an eligible
employee during the eligible employee's family leave, medical leave or safe
leave qualifies as a temporary worker for an assistance grant under ORS
657B.200(1)(a) or
(2) if all of the following are true:
(a) The worker was hired on or after the date
an eligible employee provided notice of expected qualifying leave;
(b) The worker was hired to perform the same
or substantially similar duties and responsibilities as the eligible employee
on leave, entailing equivalent skill, effort, responsibility, and authority;
and
(c) The worker was not
initially hired for a period extending more than 30 calendar days beyond the
expected end of the eligible employee's qualifying leave.
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.200 &
657B.340
Statutes/Other Implemented: ORS
657B.200
