75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2744
Sponsored by Representative ESQUIVEL; Representative G SMITH,
Senators BATES, BONAMICI, DEVLIN, HASS, MONNES ANDERSON,
MONROE, MORRISETTE, ROSENBAUM, SCHRADER, WALKER (at the request
of Stacy Bannerman)
CHAPTER ................
AN ACT
Relating to employee leave for family members of members of
military; and declaring an emergency.
Whereas it is essential to provide support for the families of
military personnel serving in military conflicts and to ensure
that these families are able to spend time together after being
notified of an impending call or order to active duty and before
deployment and during leave from deployment of a member of the
military; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 5 of this 2009 Act are added to
and made a part of ORS + } { + chapter 659A. + }
SECTION 2. { + Sections 2 to 5 of this 2009 Act may be cited
as the Oregon Military Family Leave Act. + }
SECTION 3. { + As used in sections 2 to 5 of this 2009 Act:
(1) Notwithstanding ORS 659A.001, 'employee' means an
individual who performs services for compensation for an employer
for an average of at least 20 hours per week. 'Employee '
includes all individuals employed at any site owned or operated
by an employer, but does not include independent contractors.
(2) Notwithstanding ORS 659A.001, 'employer' means:
(a) A person, firm, corporation, partnership, legal
representative or other business entity that engages in any
business, industry, profession or activity in this state and that
employs 25 or more persons in the State of Oregon for each
working day during each of 20 or more calendar workweeks in the
year in which leave is taken under section 4 of this 2009 Act or
the year immediately preceding the year in which the leave is to
be taken;
(b) The state, and a department, agency, board or commission of
the state; and
(c) A local government, including, but not limited to, a
county, city, town, municipal corporation, independent public
corporation or political subdivision of the state.
(3) 'Period of military conflict' means a period of war:
(a) Declared by the United States Congress;
(b) Declared by executive order of the President of the United
States; or
(c) In which a reserve component of the Armed Forces of the
United States is ordered to active duty pursuant to Title 32 of
Enrolled House Bill 2744 (HB 2744-A) Page 1
the United States Code or section 12301 or 12302 of Title 10 of
the United States Code. + }
SECTION 4. { + (1) During a period of military conflict, an
employee who is a spouse of a member of the Armed Forces of the
United States, the National Guard or the military reserve forces
of the United States who has been notified of an impending call
or order to active duty or who has been deployed is entitled to a
total of 14 days of unpaid leave per deployment after the
military spouse has been notified of an impending call or order
to active duty and before deployment and when the military spouse
is on leave from deployment.
(2) An employee who takes leave authorized under this section
is entitled to be restored to a position of employment and to the
continuation of benefits as provided in ORS 659A.171.
(3) An employee who intends to take leave as authorized under
this section must provide the employer with notice of the
intention to take leave within five business days of receiving
official notice of an impending call or order to active duty or
of a leave from deployment.
(4) An employee who takes leave authorized under this section
may elect to substitute any accrued leave to which the employee
is entitled for any part of the leave provided under this
section.
(5) Leave taken under this section shall be included in the
total amount of leave authorized under ORS 659A.162.
(6) The Bureau of Labor and Industries may adopt rules
necessary for the implementation and administration of sections 2
to 5 of this 2009 Act. + }
SECTION 5. { + It is an unlawful practice for an employer to:
(1) Deny military family leave to an employee who is entitled
to such leave under sections 2 to 5 of this 2009 Act; 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 sections 2 to 5 of this 2009 Act, submitted a
request for military family leave or invoked any provision of
sections 2 to 5 of this 2009 Act. + }
SECTION 6. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
----------
Enrolled House Bill 2744 (HB 2744-A) Page 2
Passed by House April 29, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 3, 2009
...........................................................
President of Senate
Enrolled House Bill 2744 (HB 2744-A) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2744 (HB 2744-A) Page 4