ORS 657B.360¹
Determining number of employees employed by employer
  • replacement workers
  • rules

(1) Subject to subsection (2) of this section, for purposes of ORS 657B.060 (Job protection) and 657B.150 (Contributions), the Director of the Employment Department shall establish by rule a method to determine on an annual basis the number of employees employed by an employer. The method shall require that the determination be based on the average number of employees employed by the employer in the 12-month period immediately preceding the date on which the determination is made.

(2) A replacement worker who is hired to temporarily replace an eligible employee during a period of family leave, medical leave or safe leave shall not be counted as an employee for purposes of determining the number of employees employed by an employer. [2019 c.700 §35]

1 Legislative Counsel Committee, CHAPTER 657B—Family and Medical Leave Insurance, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors657B.­html (2019) (last ac­cessed May 16, 2020).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information