71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2562
House Bill 3777
Sponsored by Representatives MERKLEY, GARDNER; Representatives
BUTLER, SIMMONS, STARR
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires employer to grant leave of absence to spouse of member
or prospective member of Legislative Assembly employed during
session by Legislative Assembly. Prescribes remedies for
violation.
A BILL FOR AN ACT
Relating to employment rights of employees of the Legislative
Assembly; creating new provisions; and amending ORS 171.120,
171.122 and 171.125.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 171.120 is amended to read:
171.120. { - (1) - } It is the { - purpose and - } intent
of the Legislative Assembly { - in enacting this section, ORS
171.122 and 171.125 - } that, subject to the conditions set
forth in { - such sections, any - } { + ORS 171.122 and
171.125:
(1) A + }member of the Legislative Assembly whose employment
is interrupted by reason of attendance upon regular or special
sessions of the Legislative Assembly { + , + } or the performance
of official duties as a member of the Legislative Assembly, shall
be restored to { - such - } { + the member's regular + }
employment in { - such - } a manner { - as to give - }
{ + that gives + } the member the status in { - such - }
employment { + , including seniority, + } that the member would
have enjoyed if the member had { - continued in such - }
{ + remained in the member's regular + } employment continuously
{ - during any such attendance or performance of duties - } .
{ + (2) A spouse of a member of the Legislative Assembly
whose employment is interrupted by reason of employment by the
Legislative Assembly during regular or special sessions of the
Legislative Assembly, or the performance of official duties as an
employee of the Legislative Assembly, shall be restored to the
spouse's regular employment in a manner that gives the spouse the
status in employment, including seniority, that the spouse would
have enjoyed if the spouse had remained in the spouse's regular
employment continuously. + }
{ - (2) - } { + (3) + } As a part of the public policy to
encourage public service, an employer { - shall - }
{ + may + } not discharge or threaten to discharge, intimidate
or coerce any employee { + who is:
(a) A member or prospective member of the Legislative
Assembly + } by reason of the employee's service or scheduled
service as a member or prospective member of the Legislative
Assembly.
{ + (b) A spouse of a member or prospective member of the
Legislative Assembly by reason of the employee's service or
scheduled service as an employee or prospective employee of the
Legislative Assembly. + }
{ - (3) - } { + (4) + } { - The member or prospective
member shall not be - } { + An employer may not + } subject
{ + an employee + } to discipline or harassment or
{ - placed - } { + place the employee + } at any employment
disadvantage as a consequence of the leave of absence { +
granted by ORS 171.122 + }. It is an unlawful employment practice
under ORS chapter 659 for { - a member or prospective
member - } { + an employer + } to { - be - } subject { + an
employee + } to discipline or harassment or { - placed - }
{ + place the employee + } at any employment disadvantage as a
consequence of any leave of absence by reason of regular or
special session.
SECTION 2. ORS 171.122 is amended to read:
171.122. (1) { - Any - } { + An employer shall grant a + }
member or prospective member of the Legislative Assembly who
leaves regular employment { - in order - } to attend
{ - upon - } any regular or special session of the Legislative
Assembly { + , + } or to perform official duties as a member or
prospective member of the Legislative Assembly for which the
member or prospective member may receive a per diem under ORS
171.072 or may receive reimbursements for out-of-state travel,
{ - shall be granted - } a leave of absence from { - such - }
{ + the member's or prospective member's + } regular employment
position for
{ - such period of - } { + the period of + }time { - as
is - } reasonably necessary to permit such attendance or
performance of duties.
{ + (2) An employer shall grant a spouse of a member or
prospective member of the Legislative Assembly who leaves regular
employment for employment by the Legislative Assembly during any
regular or special session of the Legislative Assembly, or to
perform official duties as an employee of the Legislative
Assembly for which the employee may receive reimbursement for
travel, a leave of absence from the spouse's regular employment
position for the period of time reasonably necessary to permit
such legislative employment or performance of duties. + }
{ - (2) - } { + (3) + } A member { - or - } { + of the
Legislative Assembly, + } prospective member of the Legislative
Assembly { + or spouse of a member or prospective member + }
shall give notice to the employer when the leave of absence
described in { - subsection - } { + subsection + } (1) { +
or (2) + } of this section is anticipated or is to be taken:
(a) At least 30 days before a regular session; and
(b) As soon as it is reasonably apparent that a special or
emergency session is to be called.
{ - (3) - } { + (4) + } The regular employment position of
a member { - or - } { + , + } prospective member { + or
spouse of a member or prospective member + } on leave of absence
under this section shall { - only be deemed - } { + be
considered + } vacant { + only + } for the period of
{ - such - } { + the + } leave of absence, and the member
{ - or - } { + , + } prospective member { - shall - }
{ + or spouse of a member or prospective member may + }not be
subject to removal or discharge from { - such - } { + the + }
position as a consequence of { - such - } { + the + } leave
of absence.
{ - (4) - } { + (5) + } Upon the termination of the leave
of absence of the member { - or - } { + , + } prospective
member { + or spouse of a member or prospective member of the
Legislative Assembly + }under this section,
{ - a - } { + the + } member { - or - } { + , + }
prospective member { + or spouse + } shall be restored to the
regular employment position the member { - or - } { + , + }
prospective member { + or spouse + } held immediately prior to
the first day of the leave of absence if { - such - }
{ + the + } position still exists, or, if { - such - }
{ + the + } position does not still exist, to as similar a
position as possible, without loss of seniority, the right to
participate in insurance or any other employment benefits, other
than wages for services not rendered during the leave of absence,
as a consequence of the leave of absence of the member
{ - or - } { + , + } prospective member { + or spouse + }.
{ - Such - } Seniority, { + the + } right to participate in
insurance { - or - } { + and + } other employment benefits
shall continue to accumulate during the leave of absence as
though the member { - or - } { + , + } prospective member
{ + or spouse of a member or prospective member of the
Legislative Assembly + }had { - continued - }
{ + remained + } in employment continuously in the regular
employment position the member { - or - } { + , + }
prospective member { + or spouse + } held immediately prior to
the first day of the leave of absence { - of the member or
prospective member - } .
{ - (5) - } { + (6) + } This section is not applicable if:
(a) The member { - or - } { + , + } prospective member
{ + or spouse of a member or prospective member of the
Legislative Assembly + } was employed by the employer for a
period of less than 90 days immediately prior to the first day of
the leave of absence.
(b) The circumstances of the employer have so changed during
the leave of absence of the member { - or - } { + , + }
prospective member { + or spouse + } as to make restoration of
the member { - or - } { + , + } prospective member { + or
spouse + } to employment impossible or unreasonable.
(c) The member { - or - } { + , + } prospective member
{ + or spouse + } fails to apply for restoration to employment
within:
(A) Fifteen days after adjournment sine die of the Legislative
Assembly following a regular session; or
(B) If the leave was for a lesser period for another
legislative assignment, five days after the assignment is
completed.
(d) The regular employment position of the member { - or - }
{ + , + } prospective member { + or spouse + }immediately
prior to the first day of the leave of absence or the character,
terms, conditions or activities of { - such - } { + the + }
position are incompatible under the Constitution and laws of this
state with the office of member of the Legislative Assembly.
(e) Employment is on a temporary basis.
(f) The employer employs fewer than 10 persons immediately
prior to the first day of the leave of absence.
{ - (6) - } { + (7) + } As used in this section,
'prospective member ' means a person who is certified or
appointed to serve in the Legislative Assembly but who has not
taken the oath of office.
SECTION 3. ORS 171.125 is amended to read:
171.125. (1) If any employer fails to comply with the
provisions of ORS 171.120 and 171.122, the circuit court for any
county in which { - such - } { + the + } employer maintains a
place of business has jurisdiction, upon the filing of a petition
by the Attorney General on behalf of the person entitled to such
benefits by reason of noncompliance of the employer, specifically
to require the employer to comply with the provisions of ORS
171.120 and 171.122.
(2) If any employer fails to comply with ORS 171.120 and
171.122, the member { - or - } { + , + } prospective member
{ + or spouse of a member or prospective member + }may bring an
action under ORS chapter 659 employing counsel of the member's
{ - or - } { + , + } prospective member's { + or spouse's + }
own choosing.
SECTION 4. { + The amendments to ORS 171.120, 171.122 and
171.125 by sections 1 to 3 of this 2001 Act apply to leaves of
absence for legislative employment on or after the effective date
of this 2001 Act. + }
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