Or. Admin. R. 839-001-0250 - Deductions for Costs of Benefits Paid by the Employer While the Employee is on OFLA Leave
The Oregon Family Leave Act (ORS 659.470 to 659.494) provides that notwithstanding ORS 652.610(3), when an employer pays the employee's portion of the cost of providing health, disability, life or other insurance coverage for an employee while the employee is on family leave, the employer may recover such cost under the following circumstances:
(1) Upon the employee's
return to work, the employer may deduct from the employee's pay the amount of
the costs it paid, provided, however, that the total amount deducted from any
paycheck may not exceed 10% of the employee's gross wages earned in the pay
period covered by the paycheck.
(2)
If an employee does not return to work, the employer may deduct all of the
costs it paid from amounts due and owing to the employee, provided, however,
that no deduction may be made if the employee fails to return to work for the
following reasons:
(a) The employee's absence
from work is caused by a continuation, recurrence or onset of a serious health
condition that would entitle the employee to family leave as provided for in
ORS 659.470 to
659.494; or
(b) The employee's absence from work is
caused by circumstances beyond the control of the employee.
(3) If an employee does not return
to work the employer may seek to recover amounts paid for insurance coverage on
behalf of the employee by any other legal means provided however, that no legal
action may be initiated if the employee failed to return to work for the
reasons set out in subsections (2)(a) or (2)(b) of this rule.
(4) The deduction provided for in this rule
may be made with or without the employee's authorization. The employer shall
notify the employee of the deduction before the deduction is made.
Notes
Stat. Auth.: ORS 651.060(4)
Stats. Implemented: ORS 659.484
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