(1) Subject to subsection (2) of this section, for purposes of ORS § 657B.060 and 657B.150, 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.

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Terms Used In Oregon Statutes 657B.360

  • Employer: means any person that employs one or more employees working anywhere in this state or any agent or employee of such person to whom the duties of the person under this chapter have been delegated. See Oregon Statutes 657B.010
  • Family leave: means leave from work taken by a covered individual:

    (A) To care for and bond with a child during the first year after the child's birth or during the first year after the placement of the child through foster care or adoption; or

    (B) To care for a family member with a serious health condition. See Oregon Statutes 657B.010

  • Medical leave: means leave from work taken by a covered individual that is made necessary by the individual's own serious health condition. See Oregon Statutes 657B.010
  • Safe leave: means leave taken for any purpose described in ORS § 659A. See Oregon Statutes 657B.010

(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]