1. (1) When an employee is laid off with no reasonable expectation that the employee will return to work, the layoff is considered to be a termination of employment for purposes of OAR 839-001-0420 and 839-001-0440 and the wages earned and unpaid shall become due and payable in accordance with 839-001-0420 and 839-001-0440.
2. (2) When an employee is laid off and the employee returns to work within 35 days, the layoff is not considered to be a termination of employment for purposes of OAR 839-001-0420 and 839-001-0440 and all wages earned and unpaid shall become due and payable at the next regularly scheduled payday following the layoff. If the layoff occurs on a regularly scheduled payday, the wages become due and payable on the same day.
3. (3) This rule applies to all layoffs regardless of whether an employee is subject to recall to work.

Statutory/Other Authority

ORS 652.165

Statutes/Other Implemented

ORS 652.140

History

BL 9-1996, f. & cert. ef. 10-8-96