1. (1) The number of work days in a work week is based on the average number of work days worked by an employee at all places of employment.
2. (2) There is a maximum of seven work days in a work week.
3. (3) There is a maximum of 24 hours in a work day.
4. (4) When a work day spans two calendar days, such as a shift beginning on day one at 10 p.m. and ending on the next day at 5 a.m., the work day will count on the calendar day in which the shift began. For shifts longer than 24 hours, the first work day will count on the calendar day in which the shift began. The second and subsequent work days within that shift will begin after each 24 hour period thereafter.

5. (5) If a claimant works a variable or irregular schedule:

   1. (a) The number of work days in a work week is determined by counting the total number of days worked in the preceding 12 work weeks, dividing the total by 12, and rounding up to the nearest whole number.

      Example 1: Joshua works on an on-call basis and wants to apply for benefits. Joshua worked 39 days during the preceding 12 work weeks, an average of 3.25 days per work week (39 work days/12 work weeks). Joshua rounds up and reports an average of four work days per work week.

   2. (b) If the employee has not been employed by the employer for at least 12 weeks, the number of weeks the employee has been employed from the date of hire to the first day of leave shall replace 12 in the calculation in section (a).

      Example 2: Nicky started work with a variable schedule and wants to apply for benefits after nine weeks of work. Nicky has worked a total of 27 work days. Nicky will report an average of three work days worked per work week (27 work days /9 work weeks).

Statutory/Other Authority

ORS 657B.090 & 657B.340

Statutes/Other Implemented

ORS 657B.090

History

ED 72-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2024, adopt filed 07/30/2024, effective 08/01/2024