Or. Admin. Code § 471-070-3710

Current through Register Vol. 63, No. 10, October 1, 2024

Section 471-070-3710 - Assistance Grants: Application Requirements

(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.

Or. Admin. Code § 471-070-3710

ED 3-2022, adopt filed 01/31/2022, effective 1/31/2022; ED 5-2023, amend filed 07/31/2023, effective 8/1/2023; ED 2-2024, temporary amend filed 03/13/2024, effective 3/15/2024 through 9/10/2024; ED 5-2024, amend filed 07/30/2024, effective 8/1/2024

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