reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0270 - OFLA: Job Protection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer
			 must restore an employee returning from OFLA leave, including intermittent and
			 alternate duty leave, to the employee's former position if the job still
			 exists, even if it has been filled during the employee's OFLA leave. The former
			 position is the position held by the employee at the time OFLA leave began,
			 regardless of whether the job has been renamed or reclassified. (For example, a
			 delivery driver must be returned to the same route, at the same rate of pay and
			 benefits, driving the same truck, delivering the same goods, on the same shift
			 and working from the same location as when the driver started OFLA
			 leave.)
(2) Any worker hired during
			 an eligible employee's leave to perform the same work that the eligible
			 employee performed before the leave was taken is a replacement worker. When the
			 eligible employee notifies the employer that the employee is ready to return to
			 work, the employer must give that employee the opportunity to work any hours
			 that the replacement worker would otherwise have been scheduled to
			 work.
(3) The employee is not
			 entitled to return to the former position if the employee would have been
			 bumped if OFLA leave had not been taken.
(4) If the position held by the employee at
			 the time OFLA leave began has in fact been eliminated and not merely renamed or
			 reclassified, the employer must restore the employee to any available,
			 equivalent position.
(a) An available position
			 is a position that is vacant or not permanently filled.
(b) An equivalent position is a position that
			 is the same as the former position in as many aspects as possible. If an
			 equivalent position is not available at the employee's former job site, the
			 employee may be restored to an equivalent position within 50 miles of the
			 former job site.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0280 - OFLA: Use of Accrued Leave

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0300 - OFLA: Postings

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0320 - Enforcement and Retaliation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.150 -
				  659A.186
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0325 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.270 -
				  659A.285
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0330 - Unlawful Practice under ORS 659A.270-.290; Prohibited Discrimination; Notice Obligations of All Employers; Obligations of State of Oregon as Employer

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.270 -
				  659A.285
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0335 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.270 -
				  659A.285
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0345 - Purposes for Taking Leave under ORS 659A.270-659A.285

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0350 - Length of Leave and Other Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.270 -
				  659A.285
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0355 - Undue Hardship: Leave under ORS 659A.270-.285

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.270 -
				  659A.285
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0360 - Intermittent Leave and Alternate Duty

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.270 -
				  659A.285, OL 2011 c.
				  687
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0362 - Notice by Employee: Leave under ORS 659A.270-659A.285

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An eligible employee seeking leave under
			 ORS 659A.270 to
			 659A.285 for victims of domestic
			 violence, harassment, sexual assault or stalking will give the covered employer
			 reasonable advance notice of the employee's intention to take leave unless
			 giving the advance notice is not feasible.
(2) When taking leave in an unanticipated or
			 emergency situation, an eligible employee must give oral or written notice as
			 soon as is practicable. This notice may be given by any other person on behalf
			 of an eligible employee taking unanticipated leave.
(3) An eligible employee able to give advance
			 notice of the need to take leave must follow the covered employer's known,
			 reasonable and customary procedures for requesting any kind of leave;
(4) The covered employer may
			 require the eligible employee to provide certification that:
(a) The eligible employee or the eligible
			 employee's minor child or dependent is a victim of domestic violence,
			 harassment, sexual assault or stalking as defined in OAR
			 839-009-0340(14), (15), (16) and
			 (17); and
(b) The leave taken is for one of the
			 purposes identified in OAR
			 839-009-0345.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0363 - Use of Paid Leave: ORS 659A.270-659A.285

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0365 - Enforcement and Denial of leave under ORS 659A.270 to 659A.285 for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.270 -
				  659A.285
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0370 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  659A.093(6)
Stats. Implemented: ORS
				  659A.090 -
				  659A.099
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0380 - OMFLA: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Active
			 duty or call to active duty status" means duty under a call or order to active
			 duty, or notification of an impending call or order to active duty, during a
			 contingency operation, pursuant to Title 10 of the United States Code.
			 "Contingency operation" means a military operation that:
(a) Is designated by the Secretary of Defense
			 as an operation in which members of the armed forces are or may become involved
			 in military actions, operations, or hostilities against an enemy of the United
			 States or against an opposing military force; or
(b) Results in the call or order to, or
			 retention on, active duty of members of the uniformed services under section
			 688, 12301(a), 12302, 12304, 12305, or 12406 of Title 10 of the United States
			 Code, chapter 15 of Title 10 of the United States Code, or any other provision
			 of law during a war or during a national emergency declared by the President or
			 Congress. (See
			 10
			 U.S.C. §
										101(a)(13))
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0390 - Length of Leave: OMFLA

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0400 - Prohibited Discrimination

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  659A.093(6)
Stats. Implemented: ORS
				  659A.090 -
				  659A.099
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0410 - Relationship of OMFLA to OFLA

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  659A.093(6)
Stats. Implemented: ORS
				  659A.090 -
				  659A.099
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0420 - Relationship of OMFLA to FMLA

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  659A.093(6)
Stats. Implemented: ORS
				  659A.090 -
				  659A.099
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0430 - OMFLA: Notice by Employee

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0440 - Use of Paid Leave for OMFLA

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0450 - Job Protection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 employer must restore an employee returning from OMFLA leave, including
			 intermittent and alternative duty leave, to the employee's former position if
			 the job still exists, even if it has been filled during the employee's OMFLA
			 leave. The former position is the position held by the employee at the time
			 OMFLA leave began, regardless of whether the job has been renamed or
			 reclassified. (For example, a delivery driver must be returned to the same
			 route, at the same rate of pay and benefits, driving the same truck, delivering
			 the same goods, on the same shift and working from the same location as when
			 the driver started OMFLA leave.)
(2) Any worker hired during an eligible
			 employee's leave to perform the same work that the eligible employee performed
			 before the leave was taken is a replacement worker. When the eligible employee
			 notifies the employer that the employee is ready to return to work, the
			 employer must give that employee the opportunity to work any hours that the
			 replacement worker would otherwise have been scheduled to work.
(3) The employee is not entitled to return to
			 the former position if the employee would have been displaced if OMFLA leave
			 had not been taken.
(4) If the
			 position held by the employee at the time OMFLA leave began has in fact been
			 eliminated and not merely renamed or reclassified, the employer must restore
			 the employee to any available, equivalent position.
(a) An available position is a position that
			 is vacant or not permanently filled.
(b) An equivalent position is a position that
			 is the same as the former position in as many aspects as possible. If an
			 equivalent position is not available at the employee's former job site, the
			 employee may be restored to an equivalent position within 20 miles of the
			 former job site.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0460 - Enforcement and Retaliation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  659A.093(6)
Stats. Implemented: ORS
				  659A.090 -
				  659A.099
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 10 - WHISTLEBLOWING DISCLOSURES BY EMPLOYEES › Section 839-010-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  652.355,
				  653.060,
				  659A.221 &
				  659A.805
Stats. Implemented: ORS
				  441.174,
				  652.355,
				  653.060,
				  659A.199,
				  659A.200 -
				  659A.233 & OL Ch 519, Sec. 7
				  2013
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 10 - WHISTLEBLOWING DISCLOSURES BY EMPLOYEES › Section 839-010-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				659A.200 to
				659A.224 and these rules:
(1) "Abuse of authority" means to
			 deliberately exceed or make improper use of delegated or inherent authority or
			 to employ it in an illegal manner.
(2) "Agency" for the purposes of OAR
			 839-010-0010 to
			 839-010-0060 refers to the state
			 or any agency of or political subdivision in the state.
(3) "Disciplinary action" means any adverse
			 action including dismissal, demotion, transfer, reassignment, supervisory
			 reprimand, warning of possible dismissal, or withholding of work, whether or
			 not the action affects or will affect employee compensation.
(4) "Disclosure" means a formal or informal
			 internal or extra-agency communication, not including a communication
			 concerning policy decisions that lawfully exercise discretionary authority
			 unless the employee providing the disclosure reasonably believes that the
			 disclosure evidences:
(a) A violation of any
			 federal or state law, rule, or regulation by the agency;
(b) Mismanagement;
(c) Gross misuse or waste of public resources
			 or funds;
(d) Abuse of authority
			 in connection with the administration of a public program or the execution of a
			 public contract; or
(e) A
			 substantial and specific danger to public health or safety resulting from
			 agency action.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 10 - WHISTLEBLOWING DISCLOSURES BY EMPLOYEES › Section 839-010-0020 - Prohibited Discrimination by Public Employers

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 10 - WHISTLEBLOWING DISCLOSURES BY EMPLOYEES › Section 839-010-0040 - Discussions with Legislative Assembly Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 659A.203(1)(a) and
			 (d) prohibit a public employer from
			 prohibiting, discouraging, restraining, dissuading, coercing or otherwise
			 interfering with any employee responding to an official legislative request to
			 discuss the activities of the state or any branch, agency or political
			 subdivision thereof, or from discussing the activities of any person authorized
			 to act on behalf of those entities.
(2) In order to be protected by ORS
			 659A.203(1)(a),
			 a public employee must be responding to an official legislative request,
			 whether orally or in writing. The request must be made by or at the direction
			 of a Legislative Assembly member and must invite discussion with a Legislative
			 Assembly member or legislative committee staff acting under the direction of a
			 Legislative Assembly member;
(a) No employee
			 may be required to inform the employer prior to engaging in the requested
			 legislative discussion except when the legislative request for information is
			 directed to the agency and the employee will speak or testify on behalf of the
			 agency;
(b) Regarding legislative
			 testimony or discussion with representatives of Legislative Assembly members,
			 the whistleblower law is not intended to:
(A)
			 Authorize an employee to represent the employee's personal opinions as the
			 opinions of the agency or subdivision;
(B) Authorize an employee to disclose
			 information required to be kept confidential under state or federal law, rule
			 or regulation, or allow disclosure of records exempt from disclosure except as
			 provided in ORS 192.501 to
			 192.505 or
			 659A.212;
(C) Prevent public employers from prohibiting
			 employee disclosure of information of an advisory nature to the extent that it
			 covers other than purely factual materials and is preliminary to any final
			 agency determination of policy or action.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 10 - WHISTLEBLOWING DISCLOSURES BY EMPLOYEES › Section 839-010-0050 - Disclosure of Malfeasance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 659A.203(1)(b) and
			 (d) require that a public employer not
			 prohibit, discourage, restrain, dissuade, coerce, or otherwise interfere with
			 any employee disclosing to any person, or take or threaten to take disciplinary
			 action against an employee for disclosing any information that the employee
			 reasonably believes is evidence of:
(a) A
			 violation of any federal or state law, rule or regulation by action of the
			 state agency or political subdivision;
(b) Mismanagement, gross waste of funds,
			 abuse of authority, or substantial and specific danger to public health and
			 safety resulting from action of the state, agency or political
			 subdivision.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 10 - WHISTLEBLOWING DISCLOSURES BY EMPLOYEES › Section 839-010-0060 - Reports Concerning Arrest Warrants for State Beneficiaries

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  659A.221
Stats. Implemented: ORS
				  659A.200 - ORS
				  659A.224
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 10 - WHISTLEBLOWING DISCLOSURES BY EMPLOYEES › Section 839-010-0100 - Prohibited Discrimination by Employers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS 659A.199prohibits any employer with
			 one or more employees in Oregon from discharging, demoting, suspending, or in
			 any manner discriminating or retaliating against an employee with regard to
			 promotion, compensation or other terms, conditions or privileges of employment
			 for the reason that the employee has in good faith reported information to
			 anyone that the employee believes is evidence of a violation of any state or
			 federal law, rule or regulation.
(2) ORS
			 659A.230 prohibits any employer
			 with one or more employees in Oregon from discriminating or retaliating against
			 an employee because the employee has in good faith, or the employer believes
			 the employee has:
(a) Reported to any person,
			 orally or in writing, criminal activity by any person;
(b) Reported to any person, orally or in
			 writing, any activity the employee believed to be criminal;
(c) Caused criminal charges to be brought
			 against any person, whether by the complainant's information or by a complaint,
			 as defined in ORS 131.005(3) and
			 (4);
(d) Cooperated with a law enforcement agency
			 criminal investigation, whether or not under subpoena;
(e) Brought a civil proceeding against an
			 employer; or
(f) Testified at a
			 civil proceeding or criminal trial, whether or not under subpoena. (With regard
			 to civil proceedings, see also OAR
			 839-010-0140.)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 10 - WHISTLEBLOWING DISCLOSURES BY EMPLOYEES › Section 839-010-0140 - Protection in Activities Related to Civil Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 10 - WHISTLEBLOWING DISCLOSURES BY EMPLOYEES › Section 839-010-0200 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 441.174prohibits 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.
Stat. Auth: ORS
				  659A.805 &
				  441.178
Stats. Implemented: ORS
				  441.174 &
				  441.178
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 10 - WHISTLEBLOWING DISCLOSURES BY EMPLOYEES › Section 839-010-0205 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS
				441.174 and these rules:
(1) "Affiliated hospital" means a hospital
			 that has a business relationship with another hospital.
(2) "Hospital" means an acute inpatient care
			 facility as defined in ORS
			 442.470 or a hospital as
			 described in ORS 442.015:
(a) "Acute inpatient care facility" means a
			 licensed hospital with an organized medical staff, with permanent facilities
			 that include inpatient beds, and with comprehensive medical services, including
			 physician services and continuous nursing services under the supervision of
			 registered nurses, to provide diagnosis and medical or surgical treatment
			 primarily for but not limited to acutely ill patients and accident victims. ORS
			 442.470.
(b) "Hospital" means a facility with an
			 organized medical staff, with permanent facilities that include inpatient beds
			 and with medical services, including physician services and continuous nursing
			 services under the supervision of registered nurses, to provide diagnosis and
			 medical or surgical treatment primarily for but not limited to acutely ill
			 patients and accident victims, to provide treatment for the mentally ill or to
			 provide treatment in special inpatient care facilities. ORS
			 442.015.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 10 - WHISTLEBLOWING DISCLOSURES BY EMPLOYEES › Section 839-010-0210 - Exceptions to Retaliatory Action

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 10 - WHISTLEBLOWING DISCLOSURES BY EMPLOYEES › Section 839-010-0300 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: 2013 OL Ch. 519, Sec.
				  7
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 10 - WHISTLEBLOWING DISCLOSURES BY EMPLOYEES › Section 839-010-0305 - Unlawful Employment Practice

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: 2013 OL Ch. 519, Sec.
				  7
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 10 - WHISTLEBLOWING DISCLOSURES BY EMPLOYEES › Section 839-010-0310 - Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commissioner of the Bureau of Labor and Industries may inspect the accounts of
			 a chief petitioner of an initiative or referendum petition relating to a state
			 measure who pays any person money or other valuable consideration to obtain
			 signatures on the petition or prospective petition, under reasonable
			 circumstances at any time before the deadline for filing signatures on the
			 petition or during the period specified for retention of the accounts, as
			 provided in ORS 260.262(4).
(2) The right of inspection may be
			 enforced by a writ of mandamus issued by any court of competent
			 jurisdiction.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  260.262(4)