justicedao/ipfs_state_laws huggingface dataset:
839-009-0215 OFLA: Leave Previously Protected by OFLA (1) As used in this rule, “leave previously protected by OFLA” means leave: (a) To which an eligible employee would be entitled under ORS 659A.150 to 659A.186 on June 30, 2024; and (b) To which an eligible employee would not be entitled under ORS 659A.150 to 659A.186, on July 1, 2024. (2) A covered employer may rescind a designation or approval of leave previously protected by OFLA that is scheduled to occur on or after July 1, 2024. (3) A covered employer who has designated or approved leave previously protected by OFLA that is scheduled to occur on or after July 1, 2024: (a) Must, as soon as practicable, notify the employee in writing, in the language the employer typically uses to communicate with the employee, that the leave is not protected by OFLA on and after July 1, 2024; and (b) May not retaliate or in any way discriminate against the employee with respect to hire or tenure or any other term or condition of employment because the employee has inquired about the provisions of OFLA, submitted a request for OFLA leave, or invoked any provision of OFLA. (4) A covered employer must provide written information to an employee that informs the employee of the ability to apply for benefits under ORS chapter 657B, including contact information for Paid Leave Oregon or the administrator of the employer’s equivalent plan: (a) Concurrently if the employer rescinds the employee’s previous OFLA designation or approval, as described in section (2) of this rule; and (b) As soon as practicable but within 14 calendar days of the employee providing the employer with information that, before July 1, 2024, would have been sufficient for the employer to provisionally designate the leave as leave previously protected by OFLA. (5) A covered employer may comply with section (4) of this rule by providing the employee with the notice made available by the Director of the Employment Department described in ORS 657B.440, in the language the employer typically uses to communicate with the employee. (6) This rule does not relieve an employer from the obligation to comply with other laws, including the Family and Medical Leave Act, the Americans with Disabilities Act, ORS 659A.103 to 659A.146 and 659A.147 and ORS 653.601 to 653.661, when the employer is notified of the employee’s need for leave that was previously protected by OFLA. Statutory/Other Authority: ORS 651.060, ORS 659A.805 & Section 22, chapter 20, Oregon Laws 2024 Statutes/Other Implemented: ORS 659A.150 to 659A.186 & Section 22, chapter 20, Oregon Laws 2024 History: BLI 15-2024, adopt filed 06/28/2024, effective 07/01/2024
839-009-0220 OFLA: Relationship to Other Laws (1) Leave taken under FMLA counts as OFLA leave provided the employee is also eligible for OFLA leave. (2) Provisions of OFLA will be construed to the extent possible in a manner that is consistent with any similar provisions of FMLA; however, employers subject to both OFLA and FMLA must apply in a given leave situation the provision that is more beneficial to the employee’s circumstances. (3) An employer may not impair, by agreement or otherwise, the right of an employee on OFLA leave to utilize sick leave under the provisions of ORS 653.601 to 653.661. (4) The provisions of ORS 657B.060 and 657B.070 apply during periods of time that include but are not limited to the application period described in OAR 471-070-1100. (5) A decision by the Director of the Employment Department, or a decision under an equivalent plan described in ORS 657B.210 to 657B.260, to deny family or medical leave under ORS chapter 657B is not a defense to the unlawful practice described in ORS 659A.183. A covered employer has an independent obligation to determine whether to deny or grant OFLA leave in accordance with ORS 659A.150 to 659A.186 and these rules. Statutory/Other Authority: ORS 651.060 & ORS 659A.805 Statutes/Other Implemented: ORS 659A.805 & ORS 659A.150 - 659A.186 History: BLI 15-2024, amend filed 06/28/2024, effective 07/01/2024 BLI 9-2024, amend filed 03/01/2024, effective 03/02/2024 BLI 8-2015, f. & cert. ef. 6-24-15 BLI 5-2015, f. & cert. ef. 5-18-15 BLI 10-2010, f. & cert. ef. 2-24-10 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 5-2000, f. & cert. ef. 2-1-00 BL 2-1995, f. 9-8-95, cert. ef. 9-9-95
839-009-0230 OFLA: Purposes for Taking Leave Eligible employees may take OFLA leave for the purposes referred to as child placement leave, pregnancy disability leave, sick child leave, and bereavement leave. (1) Child placement leave is leave taken under OFLA before January 1, 2025, to effectuate the legal process required for placement of a foster child or the adoption of a child. (2) Pregnancy disability leave is leave taken by an employee for their own disability related to pregnancy, including pregnancy termination or childbirth, whether the disability occurs before, during or after the birth of the child, or for prenatal care, including fertility or infertility treatment. (3) Sick child leave is leave taken to care for an employee's child suffering from an illness, injury, or condition that requires home care. (a) Sick child leave includes leave to care for an employee's child whose school or child care provider has been closed in conjunction with a statewide public health emergency declared by a public health official. (b) An employer is not required to grant OFLA leave for routine medical or dental appointments. (4) Bereavement leave is leave taken to deal with the death of a family member and includes leave taken to attend the funeral or alternative to a funeral of the family member, to make arrangements necessitated by the death of the family member, or to grieve the death of the family member. Statutory/Other Authority: ORS 659A.805 & ORS 651.060 Statutes/Other Implemented: ORS 659A.150 - 659A.186 History: BLI 15-2024, amend filed 06/28/2024, effective 07/01/2024 BLI 9-2024, amend filed 03/01/2024, effective 03/02/2024 BLI 14-2022, minor correction filed 09/20/2022, effective 09/20/2022 BLI 7-2020, amend filed 09/11/2020, effective 09/14/2020 BLI 4-2020, temporary amend filed 03/18/2020, effective 03/18/2020 through 09/13/2020 BLI 8-2015, f. & cert. ef. 6-24-15 BLI 5-2015, f. & cert. ef. 5-18-15 BLI 16-2013, f. & cert. ef. 12-31-13 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 5-2000, f. & cert. ef. 2-1-00 BL 2-1995, f. 9-8-95, cert. ef. 9-9-95
839-009-0235 OFLA: Leave Year (1) For purposes of this Division 9, “OFLA leave year” has the meaning given the phrase “one-year period” in ORS 659A.164. (2) If a covered employer transitions from any other leave year applicable to OFLA to an OFLA leave year, all eligible employees of the covered employer must be provided with the full benefit of leave entitlement described in ORS 659A.150 to 659A.186 at the beginning of the new OFLA leave year. Statutory/Other Authority: ORS 651.060, ORS 659A.164 & ORS 659A.805 Statutes/Other Implemented: ORS 659A.164 History: BLI 15-2024, amend filed 06/28/2024, effective 07/01/2024 BLI 9-2024, adopt filed 03/01/2024, effective 03/02/2024
839-009-0265 OFLA: Medical Verification in Languages Other than English (1) In circumstances in which an employee or family member needs to obtain medical verification in a foreign country, the employer shall accept a medical verification from a health care provider who practices in that country. (2) When a medical verification by a health care provider is in a language other than English, the employer may request that the employee provide a written translation of the verification. (a) The employee’s request for OFLA leave may not be denied on the basis of failure of a good faith effort to obtain translation of a medical verification. (b) The employer may not deny the employee access to translation resources available to the employer (for instance, bilingual personnel or computer programs). (c) The employer must request the translation as soon as is practicable upon learning that an employee’s circumstances may result in a medical verification being issued in a language other than English. Statutory/Other Authority: ORS 651.060 & ORS 659A.805 Statutes/Other Implemented: ORS 659A.150 - 659A.186 History: BLI 15-2024, amend filed 06/28/2024, effective 07/01/2024 BLI 10-2010, f. & cert. ef. 2-24-10
839-009-0280 OFLA: Use of Accrued Leave (1) Except as provided in this rule or the terms of a collective bargaining agreement, an agreement between the eligible employee and the covered employer, or an employer policy, OFLA leave is not required to be granted with pay. (2) An employee eligible to take OFLA leave is entitled to use accrued paid sick leave, personal leave, vacation leave or any other paid leave that is offered in lieu of sick or vacation leave, during the period of OFLA leave. As used in this rule, accrued paid sick leave does not include disability insurance, disability benefits or benefits provided under ORS chapter 657B. (3) An employer may require an employee to use accrued paid leave during OFLA leave that would otherwise be unpaid, and may determine the order in which paid leave is to be used if to do so is consistent with a collective bargaining agreement or other written agreement between the eligible employee and the covered employer or an employer policy. The employer may exercise these prerogatives only if: (a) Prior to the commencement of OFLA leave, the employer provides written notice to the employee that accrued paid leave is to be used during OFLA leave; or (b) Within five business days of the employee's notice of unforeseeable leave, the employer provides written notice to the employee. (4) An eligible employee or covered employer may choose to have the employee's OFLA leave run concurrently with a type of paid or unpaid leave provided by the employer and is not referenced in these rules, as provided or allowed under an employer policy, except that a covered employer may not reduce the amount of OFLA leave available to an eligible employee by any period the employee is unable to work because of a disabling compensable injury which entitles the employee to compensation from the covered employer. Statutory/Other Authority: ORS 651.060 & ORS 659A.805 Statutes/Other Implemented: ORS 659A.150 – 659A.186 History: BLI 15-2024, amend filed 06/28/2024, effective 07/01/2024 BLI 16-2013, f. & cert. ef. 12-31-13 BLI 8-2011, f. 10-13-11, cert. ef. 10-14-11 BLI 10-2010, f. & cert. ef. 2-24-10 BLI 44-2007, f. 12-31-07, cert. ef. 1-1-08 BLI 47-2006, f. 12-29-06, cert. ef. 1-3-07 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 5-2000, f. & cert. ef. 2-1-00 BL 2-1995, f. 9-8-95, cert. ef. 9-9-95
839-009-0300 OFLA: Postings (1) Each covered employer must display the Bureau of Labor and Industries Family Leave Act notice. The notice must be displayed in each building or worksite in an area that is accessible to and regularly frequented by employees. Failure to post the Family Leave Act notice is an unlawful practice as provided in ORS 659A.001. (2) Electronic posting of the Family Leave Act notice is not sufficient to satisfy posting requirements, but may supplement worksite posting. Statutory/Other Authority: ORS 651.060 & ORS 659A.805 Statutes/Other Implemented: ORS 659A.150 - 659A.186 History: BLI 15-2024, amend filed 06/28/2024, effective 07/01/2024 BLI 10-2010, f. & cert. ef. 2-24-10 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 5-2000, f. & cert. ef. 2-1-00 BL 2-1995, f. 9-8-95, cert. ef. 9-9-95
839-009-0320 OFLA: Enforcement and Retaliation (1) An employer's duties and obligations under OFLA extend to a successor employer as defined in FMLA, 29 CFR 825.107. (2) In accordance with the provisions of OFLA an eligible employee claiming a violation of the OFLA may file a complaint with the Civil Rights Division of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. (3) Pursuant to ORS 659A.183, it is an unlawful employment practice for an employer to deny family leave to an eligible employee or retaliate or in any way discriminate against any person with respect to hiring, tenure or any other term or condition of employment because the person has inquired about OFLA leave, submitted a request for OFLA leave or invoked any provision of the Oregon Family Leave Act. (4) It is an unlawful employment practice for an employer to count OFLA leave against an employee in determining the employee's compliance with attendance policies or to count OFLA leave against an employee when determining eligibility for bonuses based on attendance. An employee is entitled to continue eligibility for a bonus based on attendance upon return from OFLA leave and may not be disqualified from the bonus as a result of taking OFLA leave. (5) Pursuant to ORS 659A.030(1)(f), it is an unlawful employment practice for an employer to discharge, expel or otherwise discriminate against any person because the person has filed a complaint, testified or assisted in any proceeding in connection with the Oregon Family Leave Act. (6) Pursuant to ORS 659A.030(1)(g), it is an unlawful employment practice for any person, whether an employer or an employee, to aid, abet, incite, compel or coerce the doing of any of the acts in violation of the Oregon Family Leave Act or to attempt to do so. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.150 - 659A.186 History: BLI 5-2015, f. & cert. ef. 5-18-15 BLI 44-2007, f. 12-31-07, cert. ef. 1-1-08 BLI 12-2006, f. 3-22-06, cert. ef. 3-24-06 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 5-2000, f. & cert. ef. 2-1-00 BL 2-1995, f. 9-8-95, cert. ef. 9-9-95
839-009-0325 Leave for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Purpose and Scope (1) The Civil Rights Division of the Bureau of Labor and Industries (“division”) enforces ORS 659A.270 to 659A.285 which require certain employers to grant leave for victims of domestic violence, harassment, sexual assault or stalking. These rules implement and interpret 659A.270 to 659A285. (2) The division also enforces ORS 659A.290, requiring all employers to provide reasonable safety accommodation (including use of available paid leave from employment) for, and prohibiting discrimination or retaliation against, victims of domestic violence, harassment, sexual assault or stalking. Additional rules implementing and interpreting ORS 659A.290 are found at OAR 839-005-0160 and 839-005-0170. (3) ORS 659A.190 to 659A.198 provide for leave for crime victims to attend criminal proceedings. The division does not have authority to enforce ORS 659A.190 to 659A.198. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.270 - 659A.285 History: BLI 8-2015, f. & cert. ef. 6-24-15 BLI 5-2015, f. & cert. ef. 5-18-15 BLI 16-2013, f. & cert. ef. 12-31-13 BLI 3-2012, f. & cert. ef. 2-8-12 BLI 14-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 10-2010, f. & cert. ef. 2-24-10 BLI 32-2007, f. 12-27-07, cert. ef. 1-1-08
839-009-0330 Unlawful Practice under ORS 659A.270 to 659A.290; Prohibited Discrimination; Notice Obligations of All Employers; Obligations of State of Oregon as Employer (1) It is an unlawful employment practice for an employer covered under ORS 659A.270 to 659A.285 to deny leave for victims of domestic violence, harassment, sexual assault or stalking to an eligible employee or to discharge, threaten to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee inquires about, applies for, or takes leave as provided under 659A.270 to 659A.285 for victims of domestic violence, harassment, sexual assault or stalking. (2) It is an unlawful employment practice under ORS 659A.290 for any employer to discriminate against an individual because an individual is a victim of domestic violence, harassment, sexual assault or stalking. See OAR 839-005-0160 and 839-005-0170. (3) Every employer covered under ORS 659A.270 to 659A.285 shall keep summaries of 659A.270 to 695A.285 and summaries of all rules promulgated for the enforcement of these statutes posted in a conspicuous and accessible place in or about the premises where the employees of the covered employer are employed. Employers may download any number of summaries from the website of the Bureau of Labor and Industries at no charge, or upon request of a printed copy from the bureau, the first copy shall be furnished without charge. (4) Upon request, the bureau shall furnish the complete text of all rules promulgated pursuant to ORS 659A.270 to 659A.285 to any employer without charge. (5) The State of Oregon shall annually inform all its employees of the provisions of 659A.290, regarding reasonable safety accommodations. (6) If the State of Oregon has knowledge, or reasonably should have knowledge, that its employee is a victim of domestic violence, harassment, sexual assault or stalking and that any direct or indirect communication from a suspected or convicted perpetrator is made or attempted to be made in the workplace to the eligible employee, the State of Oregon shall immediately inform the employee and offer to report the communication to law enforcement. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.270 - 659A.285 History: BLI 8-2015, f. & cert. ef. 6-24-15 BLI 5-2015, f. & cert. ef. 5-18-15 BLI 16-2013, f. & cert. ef. 12-31-13 BLI 3-2012, f. & cert. ef. 2-8-12 BLI 14-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 8-2011, f. 10-13-11, cert. ef. 10-14-11 BLI 32-2007, f. 12-27-07, cert. ef. 1-1-08
839-009-0345 Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Purposes for Taking Leave under ORS 659A.270 to 659A.285 A covered employer shall allow an eligible employee to take reasonable leave from employment for any of the following purposes: (1) To seek legal or law enforcement assistance or remedies to ensure the health and safety of the eligible employee or the eligible employee's minor child or dependent, including preparing for and participating in protective order proceedings or other civil or criminal legal proceedings related to domestic violence, harassment, sexual assault or stalking. (2) To seek medical treatment for or to recover from injuries caused by domestic violence or harassment or sexual assault or stalking of the eligible employee or the eligible employee's minor child or dependent. (3) To obtain, or to assist the eligible employee's minor child or dependent in obtaining counseling from a licensed mental health professional related to an experience of domestic violence, harassment, sexual assault or stalking. (4) To obtain services from a victim services provider for the eligible employee or the eligible employee's minor child or dependent. (5) To relocate or take steps to secure an existing home to ensure the health and safety of the eligible employee or the eligible employee's minor child or dependent. Relocate includes: (a) Transition periods spent moving the eligible employee or the eligible employee's minor child or dependent from one home or facility to another, including but not limited to time to pack and make security or other arrangements for such transitions related to domestic violence, harassment, sexual assault or stalking; (b) Transportation or other assistance required for an eligible employee or the eligible employee's minor child or dependent related to the domestic violence, harassment, sexual assault or stalking. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.270 - 659A.285 History: BLI 16-2013, f. & cert. ef. 12-31-13 BLI 3-2012, f. & cert. ef. 2-8-12 BLI 14-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 10-2010, f. & cert. ef. 2-24-10 BLI 32-2007, f. 12-27-07, cert. ef. 1-1-08
839-009-0350 Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Length of Leave and Other Conditions (1) A covered employer must allow an eligible employee to take reasonable leave for the purposes provided in ORS 659A.272. (2) Reasonable leave means any amount of leave that does not cause an undue hardship on a covered employer’s business. (3) An eligible employee must follow the covered employer's known, reasonable, and customary procedures regarding periodic reporting to the covered employer of the eligible employee's current status. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.270 - 659A.285 History: BLI 8-2015, f. & cert. ef. 6-24-15 BLI 5-2015, f. & cert. ef. 5-18-15 BLI 10-2010, f. & cert. ef. 2-24-10 BLI 32-2007, f. 12-27-07, cert. ef. 1-1-08
839-009-0355 Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Undue Hardship under ORS 659A.270 to 659A.285 Undue Hardship means a significant difficulty and expense to a covered employer's business and includes consideration of the size of the covered employer's business and the covered employer's critical need for the eligible employee. Other factors to consider in determining whether granting leave under ORS 659A.270 to 659A.285 for victims of domestic violence, harassment, sexual assault or stalking will cause an undue hardship on a covered employer's business include, but are not limited to: (1) The length of leave under ORS 659A.270 to 659A.285 for victims of domestic violence, harassment, sexual assault or stalking requested and the relative cost to a covered employer's business; (2) The overall financial resources of the covered employer's facility or facilities, the number of persons employed at the facility and the effect on expenses and resources or other impacts on the operation of the facility if the leave under ORS 659A.270 to 659A.285 for victims of domestic violence, harassment, sexual assault or stalking were granted; (3) The overall financial resources of the covered employer, the overall size of the business of the covered employer with respect to the number of its employees and the number, type and location of the covered employer's facilities; (4) The type of operations conducted by the covered employer, including the composition, structure and functions of the covered employer's workforce. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.270 - 659A.285 History: BLI 8-2015, f. & cert. ef. 6-24-15 BLI 5-2015, f. & cert. ef. 5-18-15 BLI 3-2012, f. & cert. ef. 2-8-12 BLI 14-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 10-2010, f. & cert. ef. 2-24-10 BLI 32-2007, f. 12-27-07, cert. ef. 1-1-08
839-009-0360 Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Intermittent Leave and Alternate Duty (1) An eligible employee may take leave under ORS 659A.270 to 659A.285 for victims of domestic violence, harassment, sexual assault or stalking in multiple blocks of time and/or requiring an altered or reduced work schedule. (2) A covered employer may transfer an employee on intermittent leave or a reduced work schedule into an alternate position under the same requirements for OFLA intermittent leave found in OAR 839-009-0245 (1) and (2). Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.270 - 659A.285 & OL 2011 c. 687 History: BLI 8-2015, f. & cert. ef. 6-24-15 BLI 5-2015, f. & cert. ef. 5-18-15 BLI 3-2012, f. & cert. ef. 2-8-12 BLI 14-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 10-2010, f. & cert. ef. 2-24-10 BLI 32-2007, f. 12-27-07, cert. ef. 1-1-08