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
 
                          Senate Bill 9
 
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 as
introduced.
 
  Allows employer to provide coverage under an 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.
 
                        A BILL FOR AN ACT
Relating to military leave; amending ORS 408.240.
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, an
employer may provide coverage under an employer-sponsored health
plan to an officer or employee while the officer or employee is
absent on leave. + }
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