Or. Admin. Code § 471-070-1440

Current through Register Vol. 63, No. 12, December 1, 2024

Section 471-070-1440 - Benefits: Weekly Benefit Proration

(1) A claimant who takes leave in work day increments, as described in OAR 471-070-1000, shall be paid a prorated benefit amount based on the number of work days of leave taken in the work week.

(2) The benefit amount paid for a work day is calculated by dividing the claimant's weekly benefit amount by the average number of work days that the claimant worked per work week.

(3) The total benefit amount paid for leave taken in work day increments is calculated by multiplying the benefit amount paid for a work day, rounded to the nearest whole cent, by the number of work days of leave taken for the work week, not to exceed the weekly benefit amount. When rounding, any number with the last figure five or greater is rounded up, while numbers less than five are rounded down.

Example 1: Allison submits an application for benefits that states their average work week consists of five work days. The weekly benefit amount is $1,000.00. Allison states on the application that they will take leave for three of the five days that Allison worked in the work week for six weeks. The benefit amount paid to Allison for each week is $600 [($1,000.00 weekly benefit amount divided by 5 work days) x 3 days on leave in the work week]. Assuming nothing changes, Allison will receive a total benefit amount of $3,600 [($600 weekly benefit amount paid) x 6 weeks].

Example 2: Lamar submits an application for benefits that states their average work week consists of three work days and they will take leave for one of the three days in each of the four weeks. The weekly benefit amount is $400.00. The benefit amount paid each week to Lamar is $133.33 [($400.00 weekly benefit amount divided by 3 work days) x 1 day on leave in the work week]. Assuming nothing changes, Lamar will receive a total benefit amount of $533.32 [($133.33 weekly benefit amount paid) x 4 weeks].

Or. Admin. Code § 471-070-1440

ED 9-2022, adopt filed 07/22/2022, effective 7/22/2022; ED 5-2023, amend filed 07/31/2023, effective 8/1/2023

Statutory/Other Authority: ORS 657B.340 & ORS 657B.090

Statutes/Other Implemented: ORS 657B.090