Chapter 777
AN ACT
HB 2635
Relating to family leave; creating new provisions; and amending ORS
659A.150 and 659A.183.
Be It Enacted by the People of
the State of
SECTION 1. ORS 659A.150 is amended to read:
659A.150. As used in ORS 659A.150 to 659A.186:
(1) “Covered employer”
means an employer described in ORS 659A.153.
(2) “Eligible employee”
means any employee of a covered employer other than those employees exempted
under the provisions of ORS 659A.156.
(3) “Family leave” means
a leave of absence described in ORS 659A.159.
(4) “Family member”
means the spouse of an employee, the biological, adoptive or foster parent or
child of the employee, the grandparent or grandchild of the employee, a
parent-in-law of the employee or a person with whom the employee was or is in a
relationship of in loco parentis.
(5) “Health care
provider” means:
(a) A person who is
primarily responsible for providing health care to an eligible employee or a
family member of an eligible employee, who is performing within the scope of
the person’s professional license or certificate and who is:
(A) A physician licensed
to practice medicine under ORS 677.110, including a doctor of osteopathy;
(B) A podiatrist
licensed under ORS 677.825;
(C) A dentist licensed
under ORS 679.090;
(D) A psychologist
licensed under ORS 675.030;
(E) An optometrist
licensed under ORS 683.070;
(F) A naturopath
licensed under ORS 685.080;
(G) A registered nurse
licensed under ORS 678.050;
(H) A nurse practitioner
certified under ORS 678.375;
(I) A
direct entry midwife licensed under ORS 687.420;
(J) A licensed
registered nurse who is certified by the Oregon State Board of Nursing as a
nurse midwife nurse practitioner;
(K) A clinical social
worker licensed under ORS 675.530; or
(L) A chiropractic
physician licensed under ORS 684.054, but only to the extent the chiropractic
physician provides treatment consisting of manual manipulation of the spine to
correct a subluxation demonstrated to exist by X-rays.
(b) A person who is
primarily responsible for the treatment of an eligible employee or a family
member of an eligible employee solely through spiritual means, including but
not limited to a Christian Science practitioner.
(6) “Serious health
condition” means:
(a) An illness, injury,
impairment or physical or mental condition that requires inpatient care in a
hospital, hospice or residential medical care facility;
(b) An illness, disease
or condition that in the medical judgment of the treating health care provider
poses an imminent danger of death, is terminal in prognosis with a reasonable
possibility of death in the near future, or requires constant care; or
(c) Any period of
disability due to pregnancy, or period of absence for prenatal care.
SECTION 2. ORS 659A.183 is amended to read:
659A.183. [A covered employer who denies family leave
to an eligible employee in the manner required by ORS 659A.150 to 659A.186
commits an unlawful employment practice.] It is an unlawful practice for
a covered employer to:
(1) Deny family leave to
which an eligible employee is entitled under ORS 659A.150 to 659A.186; or
(2) Retaliate or in any
way discriminate against an individual with respect to hire or tenure or any
other term or condition of employment because the individual has inquired about
the provisions of ORS 659A.150 to 659A.186, submitted a request for family
leave or invoked any provision of ORS 659A.150 to 659A.186.
SECTION 3. The amendments to ORS 659A.183 by section 2
of this 2007 Act apply to all conduct by an employer, whether occurring before,
on or after the effective date of this 2007 Act.
Approved by the Governor July 16, 2007
Filed in the office of Secretary of State July 17, 2007
Effective date January 1, 2008
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