Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0340 - Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Definitions under ORS 659A.270 to 659A.290

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Covered employer" means an employer who
			 employs 6 or more individuals in the state of Oregon for each working day
			 during each of 20 or more calendar workweeks in the year in which an eligible
			 employee takes leave under ORS
			 659A.270 to
			 659A.285 for victims of domestic
			 violence, harassment, sexual assault or stalking or in the year immediately
			 preceding the year in which an eligible employee takes the leave.
(2) "Eligible employee" means an employee who
			 is employed in the state of Oregon on the date leave begins under ORS
			 659A.270 to
			 659A.285 for victims of domestic
			 violence, harassment, sexual assault or stalking and is a victim of domestic
			 violence, harassment, sexual assault or stalking or is the parent or guardian
			 of a minor child or dependent who is the victim of domestic violence,
			 harassment, sexual assault or stalking.
(3) "Dependent" includes an adult dependent
			 child substantially limited by a physical or mental impairment as defined by
			 ORS 659A.104(1)(a), (3), and
			 (4) or any adult over whom the employee has
			 guardianship.
(4) "Immediate
			 family" of a "victim" as defined in this section includes the victim's spouse
			 as defined in OAR 839-009-0210(23);
			 domestic partner; custodial parent; non-custodial parent; adoptive parent;
			 foster parent; biological parent; step parent; parent-in-law; parent of
			 domestic partner; sibling; child; stepchild; grandparent; grandchild; a person
			 with whom the victim of domestic violence, harassment, sexual assault or
			 stalking is or was in a relationship of in loco parentis; or any person who had
			 the same primary residence as the victim at the time of the domestic violence,
			 harassment, sexual assault or stalking.
(5) "In loco parentis" means in the place of
			 a parent, having financial or day-to-day responsibility for the care of a
			 child. A legal or biological relationship is not required.
(6) "Minor child" for purposes of OAR
			 839-009-0325 -.0365 and ORS
			 659A.270-.285 has the same
			 meaning as "child" as defined in OAR
			 839-009-0210(2)
			 for purposes of parental and sick child leave.
(7) "Parent or guardian" for purposes of an
			 employee taking leave for a minor child or dependent who is a victim of
			 domestic violence, harassment, sexual assault or stalking means a custodial
			 parent, non-custodial parent, step parent, adoptive parent, foster parent,
			 biological parent, same-gender domestic partner of a parent or an employee who
			 is or was in relationship of in loco parentis with a minor child or a
			 dependent.
(8) "Victim of domestic
			 violence" means an individual who has been threatened with abuse or who is a
			 victim of abuse as defined in ORS
			 107.705.
(9) "Victim of harassment" means an
			 individual against whom harassment has been committed as described in Oregon's
			 criminal code at ORS 166.065.
(10) "Victim services provider" means a
			 prosecutor-based victim assistance program or a nonprofit program offering
			 safety planning, counseling, support or advocacy related to domestic violence,
			 harassment, sexual assault or stalking.
(11) "Victim of sexual assault" means an
			 individual against whom a sexual offense has been threatened or committed as
			 described in ORS 163.305 to
			 163.467 or
			 163.525
(12) "Victim of stalking" means:
(a) An individual against whom stalking has
			 been threatened or committed as described in ORS
			 163.732; or
(b) An individual who has obtained a
			 temporary or permanent court's stalking protective under ORS
			 30.866.