2/12/26 Injuries Happen: Employer FAQs on Reinstatement & Reemployment

February 12, 2026

Despite employers’ best effort to prevent them, workplace injuries happen. Here’s a quick refresher regarding employer obligations when an injured worker is ready to return to work.

The Basics

Oregon law creates two separate return-to-work obligations: reinstatement which returns the worker to their former position, and reemployment which offers the worker an available, suitable position when the worker is unable to return to their former position. The obligation that applies depends on the employer’s size and the worker’s abilities at the time they return. 

To determine whether reinstatement or reemployment obligations apply, employers must count all employees, including those working outside of Oregon.

Right To Reinstatement

Employers with 21 or more employees must reinstate an injured worker to their former position if:

• The position exists,

• The position is available,

• The worker is not disabled from performing the position’s duties, and

• The worker makes a timely demand for reinstatement (i.e., within 7 calendar days of being notified that their attending physician has released them).

What if we filled the position while the worker was out?

The position is still considered “available.” Hiring a replacement worker to fill the position does not eliminate the worker’s right to reinstatement, even if the employer prefers the replacement worker.

What if we eliminated the position for business reasons?

If the position no longer exists, the employer must offer the worker another existing position that is vacant and suitable. However, if the former position has simply been renamed or reclassified, it is still considered to exist.  

What is a “suitable” position?

A suitable position is one that is most similar to the worker’s former position in compensation, duties, responsibilities, skills, location, duration (full or part-time, temporary or permanent), and shift. 

If a suitable position is not available at the worker’s normal work location the employer must consider vacant, suitable positions at their other facilities within reasonable commuting distance.
 
What if no suitable position exists?

Employers have no obligation to create a position for a returning worker.

Rather, the worker must follow the employer’s written, non-discriminatory reporting policy until the employer offers the worker the former position or a suitable position. 

If no such policy exists, the employer may require the worker to notify the employer of any change in address and telephone number within 10 days of the change, provided the employer gives prior written notice of this requirement to the worker.

Right To Reemployment

 Employers with 6 or more employees must reemploy an injured worker to an available, suitable position if:

• The worker is disabled from performing the duties of their former position,

• The worker is medically released to perform the duties of the suitable position, and

• The worker makes a timely demand for reemployment.
  

What is an “available” position?

 A position is available if it is vacant and the worker meets any applicable seniority requirements.

 What is a “suitable” position?

A suitable position means the same as it does in the reinstatement context (a position that is most similar to the worker’s former position in compensation, duties, responsibilities, skills, location, duration, and shift).

 In addition, the position must meet the worker’s medical restrictions, require the skills and abilities the worker already possesses, and be paid at the employer’s normal rate for that position.

What if no suitable position is available?

The worker must follow the employer’s reporting policy until the employer offers the worker a suitable position. As with reinstatement, employers have no obligation to create a position for a returning worker.

 Final Takeaways

Oregon’s reinstatement and reemployment rules can be technical, but we are here to help employers navigate these obligations confidently so they can support injured workers’ return to the workplace.

This guidance is intended for private employers without unionized workers or an applicable collective bargaining agreement, as those agreements may impose different or additional obligations.

Please contact Missy Oakley at 503-276-2122 or moakley@barran.com, or your regular attorney at Barran Liebman if you have any questions.