justicedao/ipfs_state_laws huggingface dataset:
839-009-0363 Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Use of Paid Leave under ORS 659A.270 to 659A.285 (1) Leave is unpaid leave unless otherwise provided by: (a) A collective bargaining agreement; (b) The terms of an agreement between the eligible employee and the covered employer; or (c) A covered employer's policy. (2) An eligible employee taking leave pursuant to an agreement between the eligible employee and the covered employer, a collective bargaining agreement or a covered employer policy may use any paid accrued vacation leave or may use any other paid leave that is offered by the covered employer in lieu of vacation leave during the period of leave. (3) Subject to the terms of any agreement between the eligible employee and the covered employer or the terms of a collective bargaining agreement or a covered employer policy, the covered employer may determine the order in which paid accrued leave is to be used when more than one type of paid accrued leave is available to the employee. (4) An eligible employee of the State of Oregon shall be granted leave with pay for the purposes in ORS 659A.272 and OAR 839-009-0345. (a) Leave with pay taken under this subsection is in addition to any vacation, sick, personal business, or other forms of paid or unpaid leave available to the eligible employee. (b) The eligible employee must exhaust all other forms of paid leave before the employee may use the paid leave under this section. (c) An eligible employee may take up to 160 hours of leave with pay authorized by ORS 659A.283 in each calendar year. (d) The State of Oregon shall allow its eligible employee who has exhausted the 160 hours of leave with pay authorized by ORS 659A.283 to take reasonable additional unpaid leave for the purposes in ORS 659A.272 and OAR 839-009-0345. 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 10-2010, f. & cert. ef. 2-24-10 BLI 32-2007, f. 12-27-07, cert. ef. 1-1-08
839-009-0365 Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Enforcement and Denial of leave under ORS 659A.270 to 659A.285 (1) A covered employer's duties and obligations under ORS 659A.270 to 659A.285 extend to a successor employer as defined in federal Family and Medical Leave Act rules at 29 CFR §825.107. (2) It is an unlawful employment practice for a covered employer to count leave under ORS 659A.270 to 659A.285 against an employee in determining the employee's compliance with attendance policies or to count such 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 leave under ORS 659A.270 to 659A.285 and may not be disqualified from the bonus as a result of taking leave. (3) 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 ORS 659A.270 to 659A.285 or to attempt to do so. 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 8-2011, f. 10-13-11, cert. ef. 10-14-11 BLI 10-2010, f. & cert. ef. 2-24-10 BLI 32-2007, f. 12-27-07, cert. ef. 1-1-08
839-009-0370 Oregon Military Family Leave Act (OMFLA): Purpose and Scope (1) The Civil Rights Division of the Bureau of Labor and Industries enforces the Oregon Military Family Leave Act, ORS 659A.090 – 659A.099 (OMFLA). Oregon Military Family Leave is leave taken by the spouse or domestic partner of a member of the Armed Forces of the United States, the National Guard, or the military reserve forces of the United States who has been called to active duty or notified of an impending call or order to active duty, or who is on leave from active duty during a period of military conflict. These rules implement and interpret OMFLA. (2) These rules apply to complaints and inquiries received under the Oregon Military Family Leave Act, ORS 659A.090 – 659A.099, and under these rules. Statutory/Other Authority: ORS 659A.093(6) Statutes/Other Implemented: ORS 659A.090 – 659A.099 History: BLI 10-2010, f. & cert. ef. 2-24-10
839-009-0390 OMFLA: Length of Leave (1) During a period of military conflict, an employee who is a spouse or domestic partner of a member of the Armed Forces of the United States, the National Guard or the military reserve forces of the United States who has been notified of an impending call or order to active duty or who has been deployed, is entitled to a total of 14 days of unpaid leave per deployment that may be taken: (a) After the military spouse or domestic partner has been notified of an impending call or order to active duty and before deployment; and/or (b) When the military spouse or domestic partner is on leave from deployment. (2) The 14 day entitlement is per deployment. If multiple deployments occur in an employee’s leave year, the employee is entitled to use 14 days of Oregon Military Family Leave Act (“OMFLA”) leave for each deployment. (3) The 14 days of unpaid leave to which the employee is entitled are individual days on which the employee, if working their normal schedule, would otherwise perform services for compensation for the employer. (Example: Employee normally works Monday through Friday. Employee is entitled to 14 days of leave, which if taken consecutively would be Monday through Friday on two consecutive weeks plus Monday through Thursday of the third week.) (4) OMFLA leave need not be taken in one, uninterrupted period, but may be taken intermittently. (a) For the purpose of intermittent leave, OMFLA leave is calculated for an employee by multiplying the number of hours the employee normally works per day by 14. (For example, an employee normally employed to work eight hours per day is entitled to 14 times eight hours, or a total of 112 hours of OMFLA leave.) (b) If an employee’s schedule varies from day to day, a daily average of the employee’s hours must be used for calculating the employee’s normal work day. For example, an employee working an average of six hours per day is entitled to 14 times six hours, or a total of 84 hours of OMFLA leave. An employee working an average of 10 hours per day is entitled to 14 times 10 hours, or 140 hours. (c) If an employee takes intermittent OMFLA leave, only the actual number of hours of leave taken may be counted toward the hours of OMFLA leave to which the employee is entitled. Statutory/Other Authority: ORS 659A.093(6) Statutes/Other Implemented: ORS 659A.090 - 659A.099 History: BLI 16-2013, f. & cert. ef. 12-31-13 BLI 12-2012, f. & cert. ef. 11-21-12 BLI 10-2010, f. & cert. ef. 2-24-10
839-009-0400 OMFLA: Prohibited Discrimination It is an unlawful employment practice for a covered employer to deny OMFLA leave to an eligible employee or to discharge, threaten to discharge, demote, suspend, or in any manner retaliate or in any way discriminate against any person with respect to hiring, promotion, compensation, tenure or any other terms, privileges or conditions of employment because the person inquires about OMFLA, submits a request for Oregon Military Family Leave, or invokes any provision of the Oregon Military Family Leave Act. Statutory/Other Authority: ORS 659A.093(6) Statutes/Other Implemented: ORS 659A.090 – 659A.099 History: BLI 8-2011, f. 10-13-11, cert. ef. 10-14-11 BLI 10-2010, f. & cert. ef. 2-24-10
839-009-0410 OMFLA: Relationship to OFLA (1) An eligible employee need not be eligible for protected leave under the Oregon Family Leave Act (“OFLA”) in order to take protected leave under the Oregon Military Family Leave Act (“OMFLA”). (2) Protected leave taken by an eligible employee under OMFLA may be included in the total amount of leave authorized under ORS 659A.162(1) of OFLA if the employee is also eligible for OFLA leave and has any leave entitlement remaining. Statutory/Other Authority: ORS 659A.093(6) Statutes/Other Implemented: ORS 659A.090 - 659A.099 History: BLI 8-2015, f. & cert. ef. 6-24-15 BLI 5-2015, f. & cert. ef. 5-18-15 BLI 12-2012, f. & cert. ef. 11-21-12 BLI 10-2010, f. & cert. ef. 2-24-10
839-009-0420 OMFLA: Relationship to FMLA To the extent the employee’s need for OMFLA leave is also covered by the Qualifying Exigency entitlements of the federal Family and Medical Leave Act (FMLA) under 29 CFR §825.126, the employer may run OMFLA leave and FMLA leave concurrently. Statutory/Other Authority: ORS 659A.093(6) Statutes/Other Implemented: ORS 659A.090 – 659A.099 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
839-009-0430 OMFLA: Notice by Employee (1) An eligible employee seeking Oregon Military Family Leave must provide the employer with notice of the intention to take leave within five business days of receiving official notice of an impending call or order to active duty or of a leave from deployment, or as soon as is practicable when official notice is provided fewer than five days before commencement of the leave. (2) The active duty orders of a covered military member will generally specify if the service member is serving in support of a period of military conflict by citation to the relevant section of Title 10 of the United States Code and/or by reference to the specific name of the military conflict (see OAR 839-009-0380(7)). (3) An eligible employee’s notice of intention to take OMFLA leave must follow the covered employer’s known, customary, and uniformly applied procedures for requesting any kind of leave. A covered employer may provide an OMFLA leave request form. An example is found at Appendix A of this rule. (a) The covered employer may require in writing that the eligible employee provide a photocopy of the service member’s orders to verify that the leave is for the purpose defined in OAR 839-009-0380(7). (b) The eligible employee will provide any required photocopy of the service member’s orders within a reasonable time after receiving the covered employer's written request. (c) The covered employer may provisionally designate an absence as OMFLA leave until any requested photocopy of the service member’s orders is received. Appendix A Attached. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 659A.093(6) Statutes/Other Implemented: ORS 659A.090 – 659A.099 History: BLI 5-2019, minor correction filed 04/05/2019, effective 04/05/2019 BLI 5-2015, f. & cert. ef. 5-18-15 BLI 16-2013, f. & cert. ef. 12-31-13 BLI 10-2010, f. & cert. ef. 2-24-10
839-009-0440 OMFLA: Use of Paid Leave (1) Leave is unpaid unless otherwise provided by: (a) A collective bargaining agreement; (b) The terms of an agreement between the eligible employee and the covered employer; or (c) A covered employer’s policy. (2) An employee eligible to take Oregon Military Family Leave is entitled to use accrued paid sick leave, personal leave, vacation leave or any other paid leave that is offered in lieu of vacation leave during the period of Oregon Military Family Leave. As used in this rule, accrued paid sick leave does not include disability insurance or disability benefits. (3) Subject to the terms of any agreement between the eligible employee and the covered employer or the terms of a collective bargaining agreement or a covered employer policy, the employee may determine the order in which paid accrued leave is to be used when more than one type of paid accrued leave is available to the employee. Statutory/Other Authority: ORS 659A.093(6) Statutes/Other Implemented: ORS 659A.090 – 659A.099 History: BLI 10-2010, f. & cert. ef. 2-24-10
839-009-0460 OMFLA: Enforcement and Retaliation (1) A covered employer's duties and obligations under OMFLA extend to a successor employer as defined in the federal Family and Medical Leave Act (FMLA) regulations at 29 CFR§ 825.107. (2) In accordance with the provisions of OMFLA an eligible employee claiming a violation of the OMFLA 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) It is an unlawful employment practice for a covered employer to 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 OMFLA leave, submitted a request for OMFLA leave or invoked any provision of OMFLA. (4) Pursuant to ORS 659A.030(1)(f), it is an unlawful employment practice for a covered 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 OMFLA. (5) It is an unlawful employment practice for a covered employer to count OMFLA leave against an employee in determining the employee's compliance with attendance policies, or to count OMFLA leave against an employee when determining eligibility for bonuses based on attendance. (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 OMFLA or to attempt to do so. Statutory/Other Authority: ORS 659A.093(6) Statutes/Other Implemented: ORS 659A.090 – 659A.099 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
839-010-0000 Purpose and Scope (1) The Civil Rights Division of the Oregon Bureau of Labor and Industries enforces the provisions of ORS 441.174, 652.355, 653.060, 659A.199, 659A.200 to 659A.233 and OL Ch 519, Sec.7 2013, prohibiting discrimination based on whistleblowing disclosures or activities that are described in the statutes. These rules apply to all such complaints and inquiries received on or after the effective date of these rules. (2) The purpose of these rules is to clarify the provisions of the statutes. (3) In accordance with ORS 659A.820, an individual claiming a violation of 441.174, 652.355, 653.060, 659A.199, 659A.200 to 659A.233, OL Ch 519, Sec. 7 2013 or these rules may file a complaint with the Civil Rights Division, as provided in OAR 839-003-0025. (4) The Oregon Safe Employment Act (OSEA) protects employees complaining regarding ORS 654.001 to .295, providing for safety and health conditions in places of employment, workplace safety committees; hazard communication and hazardous substances, and health and sanitation inspections. 654.412 to .423, providing for safety of health care employees; 654.750 to .780, providing for hazardous chemicals in agriculture. Rules for OSEA are found in chapter 839 division 4. Statutory/Other Authority: ORS 652.355, 653.060, 659A.221 & 659A.805 Statutes/Other Implemented: ORS 441.174, 652.355, 653.060, 659A.199, 659A.200 - 659A.233 & OL Ch 519 & Sec. 7 2013 History: BLI 2-2015, f. & cert. ef. 1-28-15 BLI 12-2013, f. & cert. ef. 12-30-13 BLI 39-2007, f. 12-28-07, cert. ef. 1-1-08 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 17-2000, f. & cert. ef. 8-11-00 BL 4-1996, f. & cert. ef. 3-12-96 BL 9-1991, f. & cert. ef. 8-29-91
839-010-0020 Disclosures by Public Employees: Prohibited Discrimination by Public Employers (1) Oregon public employee whistleblower statutes prohibit public employers from taking action against or prohibiting employees from: (a) Responding to legislative requests; (b) Disclosing information the employee believes is evidence of violation of laws or disclosing evidence of mismanagement, gross waste or abuse of authority; or (c) Reporting public endangerment resulting from an action by a public employer. (2) No public employer may require an employee to give notice prior to making any disclosure described in sections (1)(a), (b) and (c) of this rule. (3) No public employer may identify the employee who discloses the following information during any investigation of the information provided by the employee without the written consent of the employee: (a) Matters described in ORS 659A.203(1)(b); and (b) Reports required by ORS 659A.206(2). (4) No public employer may prohibit or take action against employees for disclosing that a person receiving public assistance is also subject to arrest. Statutory/Other Authority: ORS 659A.805 & 659A.221 Statutes/Other Implemented: ORS 659A.233 & 659A.200 - 659A.224 History: BLI 2-2015, f. & cert. ef. 1-28-15 BLI 39-2007, f. 12-28-07, cert. ef. 1-1-08 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 17-2000, f. & cert. ef. 8-11-00 BL 9-1991, f. & cert. ef. 8-29-91
839-010-0060 Disclosures by Public Employees: Reports Concerning Arrest Warrants for State Beneficiaries (1) Under ORS 659A.212, if a public employee reasonably believes that a person receiving services, benefits or assistance from the state or any agency or political subdivision thereof is subject to an arrest warrant, the public employee must promptly report this, or cause to be reported, to the employee’s immediate supervisor or a person designated by the agency to receive such report. That recipient must promptly notify the Oregon State Police of the information supplied by the employee. (2) Such report is authorized, notwithstanding confidentiality provisions of state or federal law, rule or regulation. (3) No public employer may identify the employee who makes such a report or causes such a report to be made during any investigation of information provided by the employee without the written consent of the employee. (4) No public employer may invoke or impose any disciplinary action against an employee for making a report required by ORS 659A.212. An employer, however, is not precluded from taking disciplinary action if the information disclosed by the employee is known to be false, or if the employee discloses the information with reckless disregard for its truth or falsity. Statutory/Other Authority: ORS 659A.221 Statutes/Other Implemented: ORS 659A.200 - 659A.224 History: BLI 10-2002, f. & cert. ef. 5-17-02 BLI 17-2000, f. & cert. ef. 8-11-00 BL 9-1991, f. & cert. ef. 8-29-91
839-010-0140 Protection in Activities Related to Civil Proceedings Under ORS 659A.230 and these rules, an employee is protected in activities related to civil proceedings. A civil proceeding, as used in ORS 659A.230 and these rules, includes a proceeding before an administrative agency or a court. The employee is protected under the statute if: (1) The employee has brought, in good faith, a civil proceeding against an employer. (a) Bringing a civil proceeding, as used in ORS 659A.230 and the rules, includes filing complaints to or cooperation with administrative agencies as well as courts. (b) An employee is considered to have initiated a civil proceeding when the employee has contacted an administrative agency the employee believes in good faith to have jurisdiction and the ability to sanction the employer. (c) The employer against whom a civil proceeding is filed or initiated need not be the employee's current employer. (2) The employee has testified in good faith, whether or not under subpoena, in any civil proceeding. (3) The employer believes that the employee has engaged in the civil proceedings acts described above. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.230 History: BLI 11-2010, f. & cert. ef. 2-24-10 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 17-2000, f. & cert. ef. 8-11-00 BLI 6-1998, f. & cert. ef. 10-22-98 BL 2-1998, f. & cert. ef. 2-3-98 BL 10-1996, f. & cert. ef. 12-4-96 BL 4-1996, f. & cert. ef. 3-12-96
839-010-0200 Disclosures by Nursing Staff: Statement of Purpose (1) ORS 441.174 prohibits a hospital from retaliating against a nursing staff because the nursing staff has taken "whistleblower" actions detailed in the statute. (2) The purpose of these rules is to clarify the provisions of the statutes. (3) In accordance with ORS 441.178, an individual claiming a violation of ORS 441.174, or these rules, may file a complaint with the Civil Rights Division, as provided in OAR 839-003-0025. Statutory/Other Authority: ORS 659A.805 & 441.178 Statutes/Other Implemented: ORS 441.174 & 441.178 History: BLI 2-2015, f. & cert. ef. 1-28-15 BLI 4-2005, f. 1-6-05, cert. ef. 1-7-05
839-010-0210 Disclosures by Nursing Staff: Exceptions to Retaliatory Action (1) Except as provided in section 2 of this rule, the protection against retaliatory action provided for in ORS 441.174(1) and OAR 839-010-0205(6) and (7) does not apply to a nursing staff unless the nursing staff, before making a disclosure to a private accreditation organization or a public body as described in ORS 441.174(1)(a) and OAR 839-010-0205(6)(a): (a) Gives written notice to a manager of the hospital of the activity, policy, practice or violation of professional standards of practice that the nursing staff reasonably believes poses a risk to public health; and (b) Provides the manager a reasonable opportunity to correct the activity, policy, practice or violation. (2) A nursing staff is not required to comply with the provisions ORS 441.174(2) and OAR 839-010-0205(1) if the nursing staff: (a) Is reasonably certain that the activity, policy, practice or violation is known to one or more managers of the hospital or an affiliated hospital and an emergency situation exists; (b) Reasonably fears physical harm as a result of the disclosure; or (c) Makes the disclosure to a private accreditation organization or a public body for the purpose of providing evidence of an activity, policy, practice or violation of a hospital or an affiliated hospital that the nursing staff reasonably believes is a crime. (3) For the purposes of subsection (2) of this rule, a nursing staff "reasonably believes is a crime" means: (a) The activity, policy, practice or violation of law or rule is a crime; or (b) Whether or not the activity, policy, practice or violation of law or rule is a crime, a reasonable nursing staff in the circumstances would believe that it is a crime. Statutory/Other Authority: ORS 659A.805 & 441.178 Statutes/Other Implemented: ORS 441.174 History: BLI 2-2015, f. & cert. ef. 1-28-15 BLI 4-2005, f. 1-6-05, cert. ef. 1-7-05
839-010-0300 Disclosures Regarding Violations of Election Laws: Application These rules apply to a person who pays money or offers other valuable consideration for obtaining signatures of electors on a state initiative, referendum, or recall petition or on a prospective petition of a state measure to be initiated. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: 2013 OL Ch. 519 & Sec. 7 History: BLI 2-2015, f. & cert. ef. 1-28-15 BLI 12-2013, f. & cert. ef. 12-30-13
839-010-0305 Disclosures Regarding Violations of Election Laws: Unlawful Employment Practice In addition to the conduct prohibited in ORS 659A.199, it is an unlawful employment practice for a person described in OAR 839-010-0300 to discriminate or retaliate against another person with respect to hire or tenure, compensation or other terms, conditions or privileges of employment for the reason that the person has in good faith reported information that the person believes is evidence of a violation of a state or federal election law, rule or regulation. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: 2013 OL Ch. 519 & Sec. 7 History: BLI 2-2015, f. & cert. ef. 1-28-15 BLI 12-2013, f. & cert. ef. 12-30-13