72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2595
 
                           A-Engrossed
 
                          Senate Bill 9
                 Ordered by the Senate March 24
           Including Senate Amendments dated March 24
 
Sponsored by Senators COURTNEY, HARPER (at the request of Paul
  L. Evans)
 
 
                             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.
 
   { +  Requires state to provide coverage under
employer-sponsored health plan for period not exceeding 12 months
to state employee or public officer while absent on military
leave. + } Allows employer  { +  other than State of Oregon + }
to provide coverage under employer-sponsored health plan to
officer or employee while officer or employee is absent on
military leave. Conforms state law to federal law regarding
reemployment rights.
   { +  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
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. + }
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