Or. Rev. Stat. § 657B.090

      657B.090 Claim for benefits; leave increment requirements; authorized agents; rules. (1) Except as otherwise provided under this section, family and medical leave insurance benefits are not payable to a covered individual unless:

      (a) The individual submits a claim to the Director of the Employment Department in the manner determined by the director by rule; and

      (b) The director has made a decision to allow or deny the claim under ORS 657B.100.

      (2) If the director has made a decision to allow the claim, the director shall make a reasonable effort to issue the first payment of benefits to a covered individual within two weeks after receiving the claim.

      (3)(a) Benefits may be claimed for leave that is taken by a covered individual in increments that are equivalent to one work day or one work week as those terms are defined by the director by rule.

      (b) If a covered individual takes leave in increments that are equivalent to one work day, benefits may be claimed for leave that occurs in nonconsecutive periods of leave.

      (4) Benefit amounts, as determined under ORS 657B.050:

      (a) Must be prorated to increments that are equivalent to one work day; and

      (b) Must be paid in increments that are equivalent to one work week.

      (5)(a) If a covered individual dies or becomes incapacitated before submitting a claim to the director for payment of family and medical leave insurance benefits or before the director has made a final decision regarding the approval or denial of a pending or existing claim previously submitted to the director, an authorized agent may engage in any of the following activities on behalf of the deceased or incapacitated covered individual:

      (A) Submit a claim for benefits to the director for a qualifying purpose under ORS 657B.020 and in the manner prescribed by the director by rule.

      (B) Receive information about benefits due or paid by the director to the covered individual.

      (C) Receive information concerning decisions regarding existing or pending claims previously submitted to the director.

      (D) Request a hearing to obtain review of a final decision of the director regarding any of the matters provided in ORS 657B.410 (1)(b).

      (E) Submit any additional information the director deems necessary to complete a claim for benefits.

      (b) Actions taken on behalf of a deceased or incapacitated covered individual by an authorized agent under this subsection are binding on the covered individual.

      (c) The payment of benefits by the director to an incapacitated covered individual under this section, or to the estate of a deceased individual in accordance with ORS 293.490, releases the director from any future liability with respect to such benefits.

      (6) The director shall adopt rules to implement the provisions of this section. At a minimum, the rules must:

      (a) Provide the requirements for the designation or authorization of an authorized agent.

      (b) Establish when an authorized agent’s authority to act on behalf of a deceased or incapacitated covered individual expires.

      (7) As used in this section:

      (a) “Authorized agent” means an individual who:

      (A) Has been specifically designated by a covered individual in the manner prescribed by the director by rule to act on behalf of the covered individual; or

      (B) Is authorized under rules adopted by the director to act on behalf of a covered individual.

      (b) “Incapacitated” has the meaning given that term under ORS 125.005. [2019 c.700 §12; 2023 c.292 §3; 2025 c.93 §2]

      Note: See note under 657B.015.