72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to A-Eng. HB 3601
 
LC 3475/HB 3601-A5
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3601
 
               By COMMITTEE ON BUSINESS AND LABOR
 
                             May 21
 
  On page 1 of the printed A-engrossed bill, line 2, after the
semicolon insert 'creating new provisions; amending ORS 399.230,
399.235 and 408.240;'.
  On page 3, after line 8, insert:
  '  { +  SECTION 11. + } ORS 399.230, as amended by section 2,
chapter 72, Oregon Laws 2003 (Enrolled Senate Bill 9), 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
 { + a + } 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 - }   { + is + }
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 - }
 { + continue + } coverage under an employer-sponsored health
plan to an employee of the State of Oregon  { + and any other
individual provided coverage under the employee's plan on the day
before the date the employee goes on leave + } 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 - }  { +   + }  { +  continue + } coverage under an
employer-sponsored health plan to an employee  { + and any other
individual provided coverage under the employee's plan on the day
before the date the employee goes on leave + } during a leave of
absence required under subsection (1) of this section.
  '  { +  (6)(a) Notwithstanding subsection (4) of this section,
the State of Oregon, a county, a municipality or other political
subdivision of this state may establish and administer a donated
leave program that:
  ' (A) Allows an employee who is on a leave of absence required
under subsection (1) of this section to receive donated leave;
and
  ' (B) Allows an employee to voluntarily donate vacation time to
an eligible employee on a leave of absence required under
subsection (1) of this section.
  ' (b) An employee who is on a leave of absence required under
subsection (1) of this section and who receives donated leave
under paragraph (a) of this subsection may receive an amount of
donated leave that supplements any compensation received as a
member of the organized militia, but may not receive more than
the amount the employee was earning in base salary on the date
the employee began the leave of absence. + }
  '  { - (6) - }   { + (7) + } 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 12. + } ORS 399.235 is amended to read:
  ' 399.235. (1) Any violation of ORS 399.230  { + (1) to (3) + }
by an employer is an unlawful employment practice.
  ' (2) Complaints alleging a violation of ORS 399.230  { + (1)
to (3) + } may be filed by employees with the Commissioner of the
Bureau of Labor and Industries in the manner provided by ORS
659A.820.  The commissioner shall enforce ORS 399.230 in the
manner provided in ORS chapter 659A   { - for the enforcement
of - }   { + regarding + } other unlawful employment practices.
  ' (3) Violation of ORS 399.230  { + (1) to (3) + } subjects the
violator to the same civil remedies and penalties as provided in
ORS chapter 659A.
  '  { +  SECTION 13. + }  { + The amendments to ORS 399.230 and
399.235 by sections 11 and 12 of this 2003 Act apply to employees
on a leave of absence for active service of the state on or after
the effective date of this 2003 Act. + }
  '  { +  SECTION 14. + } ORS 408.240, as amended by section 1,
chapter 72, Oregon Laws 2003 (Enrolled Senate Bill 9), is amended
to read:
  ' 408.240. (1) Whenever any public officer or employee leaves a
position, whether voluntarily or involuntarily, in order to
perform military duty, such office or position   { - shall - }
 { + may + } 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 - }   { + may + } 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 five years. Subsection (1) of this
section is applicable with regard to military duty that exceeds
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 - }
 { + continue + } coverage under an employer-sponsored health
plan to a public officer or employee of the State of Oregon
 { + and any other individual provided coverage under the
officer's or employee's plan on the day before the date the
officer or employee goes on leave + } 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 - }   { + and any other individual provided
coverage under the officer's or employee's plan on the day before
the date the officer or employee goes on leave for the period
during which + } the officer or employee is absent on leave.
  '  { +  (5)(a) Notwithstanding subsection (1) of this section,
the State of Oregon, a county, a municipality or other political
subdivision of the state may establish and administer a donated
leave program that:
  ' (A) Allows an officer or employee who is absent on leave to
receive donated leave; and
  ' (B) Allows an officer or employee to voluntarily donate
vacation time to an eligible officer or employee who is absent on
leave.
  ' (b) An officer or employee who is absent on leave and who
receives donated leave under paragraph (a) of this subsection may
receive an amount of donated leave that supplements any
compensation received for performing military duty, but may not
receive more than the amount of base salary the officer or
employee was earning on the date the officer or employee began
the leave of absence.
  ' (c) This subsection does not apply to a leave of absence
under ORS 408.290. + }
  '  { +  SECTION 15. + }  { + The amendments to ORS 408.240 by
section 14 of this 2003 Act apply to officers or employees who
are absent on leave on or after the effective date of this 2003
Act. + } ' .
  In line 9, delete '11' and insert '16'.
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