75th OREGON LEGISLATIVE ASSEMBLY--2009 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 239
 
                         House Bill 2298
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for American Federation of State, County and
  Municipal Employees)
 
 
                             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.
 
  Includes overtime in calculation of amounts of donated leave
employee of State of Oregon, county, municipality or other
political subdivision may receive.
 
                        A BILL FOR AN ACT
Relating to donated leave; creating new provisions; and amending
  ORS 399.230.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 399.230 is amended to read:
  399.230. (1) An employee shall be granted a leave of absence by
the employer of the employee to perform active state service if:
  (a) The employee is a member of the organized militia of this
state and is called into active service of the state under ORS
399.065 (1) or  { + active state duty under ORS + } 399.075.
  (b) The employee is a member of the organized militia of
another state and is called into active  { + state + } service
 { - of the state - }  by the Governor of the respective state.
  (2) The employer shall grant the employee a leave of absence
until release from active  { + state + } service   { - of the
state - }  permits the employee to resume the duties of
employment. The regular employment position of an employee on a
leave of absence for active  { + state + } service   { - of the
state - }  under this section   { - shall be - }  { + is + }
considered vacant only for the period of the leave of absence.
The employee is not subject to removal or discharge from the
position as a consequence of the leave of absence.
  (3) Upon the termination of the leave of absence for active
 { +  state + } service   { - of the state - } , an employee
shall:
  (a) Resume the duties of employment within seven calendar days;
and
  (b) 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 that 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 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 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 - }
 { + pay + } received as a member of the organized militia, but
may not receive more than the amount the employee was earning in
 { - base salary - }   { + total compensation + } on the date the
employee began the leave of absence.
   { +  (7) For the purpose of calculating total compensation
under subsection (6) of this section, the State of Oregon, a
county, a municipality or other political subdivision of this
state shall:
  (a) Include any amounts attributable to hours of overtime that
equal the average number of hours of overtime for the same
employee class;
  (b) Determine the average number of hours of overtime for an
employee class based on a reasonable expectation of the average
number of hours of overtime employees in that class would perform
over the course of a calendar year; and
  (c) Maintain records of the average number of hours of overtime
for each employee class for each calendar year. + }
    { - (7) - }   { + (8) + } 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) 'Employee class' means a group of similarly situated
employees whose positions have been designated by their employer
in a policy or a collective bargaining agreement as having common
characteristics. + }
    { - (b) - }   { + (c) + } '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.
   { +  (d) 'Total compensation' means the total of an employee's
base salary, differentials and overtime. + }
  SECTION 2.  { + The amendments to ORS 399.230 by section 1 of
this 2009 Act apply to leaves of absence that commence on or
after the effective date of this 2009 Act. + }
                         ----------