Chapter 72 Oregon Laws 2003

AN ACT

SB 9

Relating to military leave; amending ORS 399.230 and 408.240; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 408.240 is amended to read:

408.240. (1) Whenever any public officer or employee leaves a position [after June 24, 1950], whether voluntarily or involuntarily, in order to perform military duty, such office or position shall not become vacant, nor shall the officer or employee be subject to removal as a consequence thereof. Unless the officer or employee dies, resigns or is relieved or discharged from such duty under other than honorable conditions, during the term for which the officer or employee was elected, appointed or employed, such officer or employee shall be deemed absent on leave until release from such active service has permitted the officer or employee to resume the duties of the office or position. While so absent on leave, the officer or employee shall not receive the pay or other emolument of such office or position, nor become liable, as such officer or employee, on an official bond or otherwise, for the acts or omissions of any other person.

(2) Subsection (1) of this section does not apply unless the officer or employee, upon the termination of such military duty, is qualified to perform the duties of such position, and makes application within 90 days after the officer or employee is relieved from such military duty, or from hospitalization continuing after discharge for a period of not more than one year. If the officer or employee is not qualified to perform the duties of such position by reason of such service, but is qualified to perform the duties of any other public position, the officer or employee shall be restored to such other position, the duties of which the officer or employee is qualified to perform, as will provide the officer or employee like seniority, status and pay, or the nearest approximation thereof, consistent with the circumstances in the case.

(3) Except as otherwise provided in this subsection, subsection (1) of this section does not apply if the total of such military duty exceeds [four] five years. [If the period of military duty is extended at the request of and for the convenience of the federal government, subsection (1) of this section is applicable if the total of such military duty does not exceed five years.] Subsection (1) of this section is applicable [also] with regard to military duty that exceeds [four] five years if the period of additional duty was imposed by law or resulted from inability of the officer or employee to obtain orders relieving the officer or employee from active duty.

(4) Notwithstanding subsection (1) of this section:

(a) The State of Oregon shall provide coverage under an employer-sponsored health plan to a public officer or employee of the State of Oregon for a period not exceeding a total of 12 months while the public officer or employee is absent on leave.

(b) An employer other than the State of Oregon may provide coverage under an employer-sponsored health plan to an officer or employee while the officer or employee is absent on leave.

SECTION 2. ORS 399.230 is amended to read:

399.230. (1) When an employee who is a member of the organized militia of this state is called into active service of the state by the Governor under ORS 399.065 (1), the employee shall be granted a leave of absence by the employer of the employee until release from such active service permits the employee to resume the duties of employment.

(2) The regular employment position of an employee on leave of absence for active service of the state under this section shall be considered vacant only for the period of the leave of absence. The employee shall not be subject to removal or discharge from such position as a consequence of the leave of absence.

(3) Upon the termination of the leave of absence for active service of the state, an employee shall be restored to the employee’s position or an equivalent position by the employer without loss of seniority, vacation credits, sick leave credits, service credits under a pension plan or any other employee benefit or right which had been earned at the time of the leave of absence.

(4) An employer is not required to pay wages or other monetary compensation to an employee during a leave of absence required under subsection (1) of this section.

(5) Notwithstanding subsection (4) of this section:

(a) The State of Oregon shall provide coverage under an employer-sponsored health plan to an employee of the State of Oregon for a period not exceeding a total of 12 months during a leave of absence required under subsection (1) of this section.

(b) An employer other than the State of Oregon may provide coverage under an employer-sponsored health plan to an employee during a leave of absence required under subsection (1) of this section.

[(5)] (6) As used in this section:

(a) “Employee” means any individual, other than a copartner of the employer or an independent contractor, who renders personal services in this state to an employer who pays or agrees to pay wages or other compensation to the individual for those services.

(b) “Employer” means any person who employs one or more employees in this state. The term includes the State of Oregon or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter, but does not include the federal government.

SECTION 3. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor May 9, 2003

Filed in the office of Secretary of State May 12, 2003

Effective date May 9, 2003

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