71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HMRA to SB 811
LC 3750/SB 811-MR11
HOUSE MINORITY REPORT
AMENDMENTS TO
SENATE BILL 811
July 3
Speaker Simmons:
A minority of your Committee on Rules, Redistricting, and
Public Affairs, to whom was referred Senate Bill 811, having had
the same under consideration, respectfully reports it back with
the recommendation that it do pass with the following amendments:
In line 2 of the printed bill, after 'education' insert ';
creating new provisions; and amending ORS 659.474, 659.476,
659.478 and 659.480'.
Delete lines 4 through 8 and insert:
' { + SECTION 1. + } ORS 659.474 is amended to read:
' 659.474. (1) All employees of a covered employer are eligible
to take leave for one of the purposes specified in ORS 659.476
(1)(b) to (d) except:
' (a) An employee who was employed by the covered employer for
fewer than 180 days immediately before the date on which the
family leave would commence.
' (b) An employee who worked an average of fewer than 25 hours
per week for the covered employer during the 180 days immediately
preceding the date on which the family leave would commence.
' (2) All employees of a covered employer are eligible to take
leave for the purpose specified in ORS 659.476 (1)(a) except an
employee who was employed by the covered employer for fewer than
180 days immediately before the date on which the family leave
would commence.
' { + (3) All employees who were employed full-time by a
covered employer during the 180 days immediately preceding the
leave are eligible to take leave for the purpose specified in ORS
659.476 (1)(e). + }
' { + SECTION 2. + } ORS 659.476 is amended to read:
' 659.476. (1) Family leave under ORS 659.470 to 659.494 may be
taken by an eligible employee for any of the following purposes:
' (a) To care for an infant or newly adopted child under 18
years of age, or for a newly placed foster child under 18 years
of age, or for an adopted or foster child older than 18 years of
age if the child is incapable of self-care because of a mental or
physical disability.
' (b) To care for a family member with a serious health
condition.
' (c) To recover from or seek treatment for a serious health
condition of the employee that renders the employee unable to
perform at least one of the essential functions of the employee's
regular position.
' (d) To care for a child of the employee who is suffering from
an illness, injury or condition that is not a serious health
condition but that requires home care.
' { + (e) To attend and participate in a school activity at
the school attended by a child of the employee or a child in the
care of the employee. As used in this paragraph, 'school activity
' means an activity sponsored or sanctioned by the school
attended by a child enrolled in the school in a grade from
kindergarten through grade 12 regardless of whether the activity
is on or off the school premises. + }
' (2) Leave under subsection (1)(a) of this section must be
completed within 12 months after birth or placement of the child,
and an eligible employee is not entitled to any period of family
leave under subsection (1)(a) of this section after the
expiration of 12 months after birth or placement of the child.
' { + (3) The provisions of subsection (1)(e) of this section
apply only to employers who employ 50 or more persons in the
State of Oregon for each working day during each of 20 or more
calendar workweeks in the year in which the leave is to be taken
or in the year immediately preceding the year in which the leave
is to be taken. + }
' { + SECTION 3. + } ORS 659.478 is amended to read:
' 659.478. (1) Except as specifically provided by ORS 659.470
to 659.494, an eligible employee is entitled to up to 12 weeks of
family leave within any one-year period { + for the purposes
specified in ORS 659.476 (1)(a) to (d) + }.
' (2)(a) In addition to the 12 weeks of leave authorized by
subsection (1) of this section, a female employee may take a
total of 12 weeks of leave within any one-year period for an
illness, injury or condition related to pregnancy or childbirth
that disables the employee from performing any available job
duties offered by the employer.
' (b) An employee who takes 12 weeks of family leave within a
one-year period for the purpose specified in ORS 659.476 (1)(a)
may take up to an additional 12 weeks of leave within the
one-year period for the purpose specified in ORS 659.476 (1)(d).
' { + (3) In addition to the periods of leave authorized by
subsections (1) and (2) of this section, an employee may take a
total of 25 hours of leave within any one-year period for the
purpose specified in ORS 659.476 (1)(e). An employee may not take
more than three hours of school activity leave in any one
calendar month. + }
' { - (3) - } { + (4) + } When two family members work for
the same covered employer, the employees may not take concurrent
family leave unless:
' (a) One employee needs to care for the other employee who is
suffering from a serious health condition; { - or - }
' (b) One employee needs to care for a child who has a serious
health condition while the other employee is also suffering a
serious health condition { - . - } { + ; or
' (c) The presence of both employees is requested or required
by the school in which a child of the employees is enrolled or a
child in the care of the employees is enrolled. + }
' { - (4) - } { + (5) + } An employee may take family leave
for the purposes specified in ORS 659.476 (1)(a) in two or more
nonconsecutive periods of leave only with the approval of the
employer.
' { - (5) - } { + (6) + } Leave need not be provided to an
eligible employee by a covered employer for the purpose specified
in ORS 659.476 (1)(d) if another family member is available to
care for the child.
' { - (6) - } { + (7) + } The Commissioner of the Bureau of
Labor and Industries shall adopt rules governing when family
leave for a serious health condition of an employee or a family
member of the employee may be taken intermittently or by working
a reduced workweek. Rules adopted by the commissioner under this
subsection shall allow taking of family leave on an intermittent
basis or by use of a reduced workweek to the extent permitted by
federal law and to the extent that taking family leave on an
intermittent basis or by use of a reduced workweek will not
result in the loss of an employee's exempt status under the
federal Fair Labor Standards Act.
' { + SECTION 4. + } ORS 659.480 is amended to read:
' 659.480. (1) Except as provided in { - subsection (2)
of - } this section, a covered employer may require an eligible
employee to give the employer written notice at least 30 days
before commencing family leave. The employer may require the
employee to include an explanation of the need for the leave in
the notice.
' (2) An eligible employee may commence taking family leave
without prior notice { + for the purposes specified in ORS
659.476 (1)(a) to (d) + } under the following circumstances:
' (a) An unexpected serious health condition of an employee or
family member of an employee;
' (b) An unexpected illness, injury or condition of a child of
the employee that requires home care; or
' (c) A premature birth, unexpected adoption or unexpected
foster placement.
' (3) If an employee commences leave without prior notice under
subsection (2) of this section, the employee must give oral
notice to the employer within 24 hours of the commencement of the
leave, and must provide the written notice required by subsection
(1) of this section within three days after the employee returns
to work. The oral notice required by this subsection may be given
by any other person on behalf of the employee taking the leave.
' { + (4) An eligible employee must give the employer at
least seven days' written notice before commencing school
activity leave under ORS 659.476 (1)(e), unless the employee is
summoned by the school to attend to a child of the employee, or a
child in the care of the employee, in an emergency situation or
under other circumstances in which the employee receives less
than seven days' notice from the school of the need for the
employee's attendance. + }
' { - (4) - } { + (5) + } If the employee fails to give
notice as required by { - subsections (1) and (3) of - } this
section, the employer may reduce the period of family leave
required by ORS 659.478 { + (1) and (2) + } by three weeks, and
the employee may be subject to disciplinary action under a
uniformly applied policy or practice of the employer.
' { + SECTION 5. + } ORS 659.474, as amended by section 1 of
this 2001 Act, is amended to read:
' 659.474. (1) All employees of a covered employer are eligible
to take leave for one of the purposes specified in ORS 659.476
(1)(b) to (d) except:
' (a) An employee who was employed by the covered employer for
fewer than 180 days immediately before the date on which the
family leave would commence.
' (b) An employee who worked an average of fewer than 25 hours
per week for the covered employer during the 180 days immediately
preceding the date on which the family leave would commence.
' (2) All employees of a covered employer are eligible to take
leave for the purpose specified in ORS 659.476 (1)(a) except an
employee who was employed by the covered employer for fewer than
180 days immediately before the date on which the family leave
would commence.
' { - (3) All employees who were employed full-time by a
covered employer during the 180 days immediately preceding the
leave are eligible to take leave for the purpose specified in ORS
659.476 (1)(e). - }
' { + SECTION 6. + } ORS 659.476, as amended by section 2 of
this 2001 Act, is amended to read:
' 659.476. (1) Family leave under ORS 659.470 to 659.494 may be
taken by an eligible employee for any of the following purposes:
' (a) To care for an infant or newly adopted child under 18
years of age, or for a newly placed foster child under 18 years
of age, or for an adopted or foster child older than 18 years of
age if the child is incapable of self-care because of a mental or
physical disability.
' (b) To care for a family member with a serious health
condition.
' (c) To recover from or seek treatment for a serious health
condition of the employee that renders the employee unable to
perform at least one of the essential functions of the employee's
regular position.
' (d) To care for a child of the employee who is suffering from
an illness, injury or condition that is not a serious health
condition but that requires home care.
' { - (e) To attend and participate in a school activity at
the school attended by a child of the employee or a child in the
care of the employee. As used in this paragraph, 'school activity
' means an activity sponsored or sanctioned by the school
attended by a child enrolled in the school in a grade from
kindergarten through grade 12 regardless of whether the activity
is on or off the school premises. - }
' (2) Leave under subsection (1)(a) of this section must be
completed within 12 months after birth or placement of the child,
and an eligible employee is not entitled to any period of family
leave under subsection (1)(a) of this section after the
expiration of 12 months after birth or placement of the child.
' { - (3) The provisions of subsection (1)(e) of this section
apply only to employers who employ 50 or more persons in the
State of Oregon for each working day during each of 20 or more
calendar workweeks in the year in which the leave is to be taken
or in the year immediately preceding the year in which the leave
is to be taken. - }
' { + SECTION 7. + } ORS 659.478, as amended by section 3 of
this 2001 Act, is amended to read:
' 659.478. (1) Except as specifically provided by ORS 659.470
to 659.494, an eligible employee is entitled to up to 12 weeks of
family leave within any one-year period { - for the purposes
specified in ORS 659.476 (1)(a) to (d) - } .
' (2)(a) In addition to the 12 weeks of leave authorized by
subsection (1) of this section, a female employee may take a
total of 12 weeks of leave within any one-year period for an
illness, injury or condition related to pregnancy or childbirth
that disables the employee from performing any available job
duties offered by the employer.
' (b) An employee who takes 12 weeks of family leave within a
one-year period for the purpose specified in ORS 659.476 (1)(a)
may take up to an additional 12 weeks of leave within the
one-year period for the purpose specified in ORS 659.476 (1)(d).
' { - (3) In addition to the periods of leave authorized by
subsections (1) and (2) of this section, an employee may take a
total of 25 hours of leave within any one-year period for the
purpose specified in ORS 659.476 (1)(e). An employee may not take
more than three hours of school activity leave in any one
calendar month. - }
' { - (4) - } { + (3) + } When two family members work for
the same covered employer, the employees may not take concurrent
family leave unless:
' (a) One employee needs to care for the other employee who is
suffering from a serious health condition; { + or + }
' (b) One employee needs to care for a child who has a serious
health condition while the other employee is also suffering a
serious health condition { + . + } { - ; or - }
' { - (c) The presence of both employees is requested or
required by the school in which a child of the employees is
enrolled or a child in the care of the employees is enrolled. - }
' { - (5) - } { + (4) + } An employee may take family leave
for the purposes specified in ORS 659.476 (1)(a) in two or more
nonconsecutive periods of leave only with the approval of the
employer.
' { - (6) - } { + (5) + } Leave need not be provided to an
eligible employee by a covered employer for the purpose specified
in ORS 659.476 (1)(d) if another family member is available to
care for the child.
' { - (7) - } { + (6) + } The Commissioner of the Bureau of
Labor and Industries shall adopt rules governing when family
leave for a serious health condition of an employee or a family
member of the employee may be taken intermittently or by working
a reduced workweek. Rules adopted by the commissioner under this
subsection shall allow taking of family leave on an intermittent
basis or by use of a reduced workweek to the extent permitted by
federal law and to the extent that taking family leave on an
intermittent basis or by use of a reduced workweek will not
result in the loss of an employee's exempt status under the
federal Fair Labor Standards Act.
' { + SECTION 8. + } ORS 659.480, as amended by section 4 of
this 2001 Act, is amended to read:
' 659.480. (1) Except as provided in { + subsection (2) of + }
this section, a covered employer may require an eligible employee
to give the employer written notice at least 30 days before
commencing family leave. The employer may require the employee to
include an explanation of the need for the leave in the notice.
' (2) An eligible employee may commence taking family leave
without prior notice { - for the purposes specified in ORS
659.476 (1)(a) to (d) - } under the following circumstances:
' (a) An unexpected serious health condition of an employee or
family member of an employee;
' (b) An unexpected illness, injury or condition of a child of
the employee that requires home care; or
' (c) A premature birth, unexpected adoption or unexpected
foster placement.
' (3) If an employee commences leave without prior notice under
subsection (2) of this section, the employee must give oral
notice to the employer within 24 hours of the commencement of the
leave, and must provide the written notice required by subsection
(1) of this section within three days after the employee returns
to work. The oral notice required by this subsection may be given
by any other person on behalf of the employee taking the leave.
' { - (4) An eligible employee must give the employer at least
seven days' written notice before commencing school activity
leave under ORS 659.476 (1)(e), unless the employee is summoned
by the school to attend to a child of the employee, or a child in
the care of the employee, in an emergency situation or under
other circumstances in which the employee receives less than
seven days' notice from the school of the need for the employee's
attendance. - }
' { - (5) - } { + (4) + } If the employee fails to give
notice as required by { + subsections (1) and (3) of + } this
section, the employer may reduce the period of family leave
required by ORS 659.478 { - (1) and (2) - } by three weeks,
and the employee may be subject to disciplinary action under a
uniformly applied policy or practice of the employer.
' { + SECTION 9. + } { + The amendments to ORS 659.474,
659.476, 659.478 and 659.480 by sections 5, 6, 7 and 8 of this
2001 Act become operative on January 1, 2006. + } ' .
/sSteve March
Representative
/sDan Gardner
Representative
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