72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 9
 
LC 2595/SB 9-6
 
                      SENATE AMENDMENTS TO
                          SENATE BILL 9
 
                 By COMMITTEE ON HUMAN RESOURCES
 
                            March 24
 
  On page 1 of the printed bill, line 2, after the semicolon
delete the rest of the line and insert 'amending ORS 399.230 and
408.240; and declaring an emergency.'.
  In line 31, after 'section' delete the rest of the line and
delete page 2 and insert ':
  ' (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. + } ' .
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