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 2547
 
                         House Bill 2744
 
Sponsored by Representative ESQUIVEL (at the request of Stacy
  Bannerman)
 
 
                             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.
 
  Requires employer to provide leave to certain employees who are
spouses of members of military forces that are on active duty
during periods of military conflict. Makes failure to grant leave
or discrimination against spouse exercising right to military
family leave unlawful practice. Requires Bureau of Labor and
Industries to enforce provisions of Act.
  Declares emergency, effective on passage.
 
                        A BILL FOR 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;
  (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
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 for which the employee
is entitled for any part of the leave provided under this
section.
  (5) 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. + }
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