The rulemaking hearing on the proposed rules convened at 2pm Friday, December 22, 2017. People were asked to sign registration forms if they wished to comment on the proposed rules and informed of the procedures for taking comments. They also were told that the hearing was being recorded. Before receiving comment, staff briefly summarized the proposed rules. Here is the Presiding Officer’s Report from the hearing.
Here is a copy of the Filed Permanent Administrative Rule and Final Rule Text.
This rule is effective April 1, 2018.
Notice of Proposed Rulemaking
The department is promulgating changes to Oregon Administrative Rule 471-030-0036(5), the rule that is used to determine if workers filing for Unemployment Insurance (UI) benefits who are on short-term layoff have to seek part-time, temporary, or permanent work with employers other than their most recent employer. These changes have been proposed as a result of consistent confusion by workers, employers, and agency staff, and to encourage accurate reporting of information on the part of employers and workers. Currently, workers are expected to report the date they will return to work that their employer provided to them at the time of layoff. The department will change this rule so that workers who may not have been given a specific date to return to work within four weeks, but report they will be back to work within those four weeks, may be eligible for UI benefits. Additionally, the department is changing the definition for when the existing four week time frame that a worker can be on a temporary layoff without having to seek work while remaining in contact with their most recent employer, may begin and ends.
Specifically, the department is making the following three changes to the rule:
- The date for which an employer provides to their workers that they will be returning to work will now be for when they expect the workers to return to work;
- The week in which the worker was laid off will no longer be counted towards four weeks; and
- The week in which the worker returns to work will no longer be counted towards four weeks, unless they do not earn at least the amount of their weekly benefit amount.
Therefore, these changes would increase the potential amount of time workers in this scenario may qualify for UI benefits from four weeks to up to six weeks.
As in the current version of the rule, workers who fail to return to work within that time frame will still need to report it to the department, and perform to the standard work seeking requirements (i.e. two direct employer contacts, not including their most recent employer, and three work seeking activities) in order to be eligible for UI benefits each week.
Click here for a copy of the Notice of Proposed Rulemaking Hearing, the Statement of Need and Fiscal Impact, and the proposed amendment to the rule.
The Proposed Rulemaking Hearing for this change will occur on Friday, December 22, 2017 in the Auditorium at the Oregon Employment Department at 875 Union St NE, Salem, OR 97311 from 2 p.m. to 4 p.m. Anyone interested in providing the department feedback on the rule is welcome to attend the public hearing in person. If you are unable to attend the hearing in person but want to provide comments on the rule, you have the option of calling the conference line at 888-850-4523 (Passcode # 440528).
Written comments may also be submitted via e-mail to OED_Rules@oregon.gov by Friday, December 22, 2017 at 5:00 p.m. All comments received will be given equal consideration before the department proceeds with the permanent rulemaking.