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 2985
Senate Bill 638
Sponsored by COMMITTEE ON COMMERCE AND WORKFORCE DEVELOPMENT
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 granting of school activity leave to employees in same
manner as provided for family leave. Requires granting of 35
hours of school activity leave within any one-year period.
Requires employee to give notice of leave to employer.
A BILL FOR AN ACT
Relating to family leave; amending ORS 659A.156, 659A.159,
659A.162 and 659A.165.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 659A.156 is amended to read:
659A.156. (1) All employees of a covered employer are eligible
to take leave for one of the purposes specified in ORS 659A.159
(1)(b) to { - (d) - } { + (e) + } except:
(a) An employee who was employed by the covered employer for
fewer than 180 days immediately before the date on which the
family leave would commence.
(b) An employee who worked an average of fewer than 25 hours
per week for the covered employer during the 180 days immediately
preceding the date on which the family leave would commence.
(2) All employees of a covered employer are eligible to take
leave for the purpose specified in ORS 659A.159 (1)(a) except an
employee who was employed by the covered employer for fewer than
180 days immediately before the date on which the family leave
would commence.
SECTION 2. ORS 659A.159 is amended to read:
659A.159. (1) Family leave under ORS 659A.150 to 659A.186 may
be taken by an eligible employee for any of the following
purposes:
(a) To care for an infant or newly adopted child under 18 years
of age, or for a newly placed foster child under 18 years of age,
or for an adopted or foster child older than 18 years of age if
the child is incapable of self-care because of a mental or
physical disability.
(b) To care for a family member with a serious health
condition.
(c) To recover from or seek treatment for a serious health
condition of the employee that renders the employee unable to
perform at least one of the essential functions of the employee's
regular position.
(d) To care for a child of the employee who is suffering from
an illness, injury or condition that is not a serious health
condition but that requires home care.
{ + (e) To attend and participate in a school activity at the
school attended by a child of the employee or a child in the care
of the employee. As used in this paragraph, 'school activity '
means an activity sponsored or sanctioned by the school attended
by a child enrolled in the school in a grade from kindergarten
through grade 12 regardless of whether the activity is on or off
the school premises. + }
(2) Leave under subsection (1)(a) of this section must be
completed within 12 months after birth or placement of the child,
and an eligible employee is not entitled to any period of family
leave under subsection (1)(a) of this section after the
expiration of 12 months after birth or placement of the child.
SECTION 3. ORS 659A.162 is amended to read:
659A.162. (1) Except as specifically provided by ORS 659A.150
to 659A.186, an eligible employee is entitled to up to 12 weeks
of family leave within any one-year period { + for the purposes
specified in ORS 659A.159 (1)(a) to (d) + }.
(2)(a) In addition to the 12 weeks of leave authorized by
subsection (1) of this section, an eligible female employee may
take a total of 12 weeks of leave within any one-year period for
an illness, injury or condition related to pregnancy or
childbirth that disables the eligible employee from performing
any available job duties offered by the employer.
(b) An eligible employee who takes 12 weeks of family leave
within a one-year period for the purpose specified in ORS
659A.159 (1)(a) may take up to an additional 12 weeks of leave
within the one-year period for the purpose specified in ORS
659A.159 (1)(d).
{ + (3) In addition to the periods of leave authorized by
subsections (1) and (2) of this section, an employee may take a
total of 35 hours of leave within any one-year period for the
purpose specified in ORS 659A.159 (1)(e). An employee may not
take more than five hours of school activity leave in any one
calendar month. + }
{ - (3) - } { + (4) + } When two family members work for
the same covered employer, the eligible employees may not take
concurrent family leave unless:
(a) One employee needs to care for the other employee who is
suffering from a serious health condition; { - or - }
(b) One employee needs to care for a child who has a serious
health condition while the other employee is also suffering a
serious health condition { + ; or + } { - . - }
{ + (c) The presence of both employees is requested or
required by the school in which a child of the employees is
enrolled or a child in the care of the employees is enrolled. + }
{ - (4) - } { + (5) + } An eligible employee may take
family leave for the purposes specified in ORS 659A.159 (1)(a) in
two or more nonconsecutive periods of leave only with the
approval of the employer.
{ - (5) - } { + (6) + } Leave need not be provided to an
eligible employee by a covered employer for the purpose specified
in ORS 659A.159 (1)(d) if another family member is available to
care for the child.
{ - (6) - } { + (7) + } A covered employer may not reduce
the amount of family leave available to an eligible employee
under this section by any period the employee is unable to work
because of a disabling compensable injury.
{ - (7) - } { + (8) + } The Commissioner of the Bureau of
Labor and Industries shall adopt rules governing when family
leave for a serious health condition of an eligible employee or a
family member of the eligible employee may be taken
intermittently or by working a reduced workweek. Rules adopted by
the commissioner under this subsection shall allow taking of
family leave on an intermittent basis or by use of a reduced
workweek to the extent permitted by federal law and to the extent
that taking family leave on an intermittent basis or by use of a
reduced workweek will not result in the loss of an eligible
employee's exempt status under the federal Fair Labor Standards
Act.
SECTION 4. ORS 659A.165 is amended to read:
659A.165. (1) Except as provided in subsection (2) of this
section, a covered employer may require an eligible employee to
give the employer written notice at least 30 days before
commencing family leave. The employer may require the employee to
include an explanation of the need for the leave in the notice.
(2) An eligible employee may commence taking family leave
without prior notice { + for the purposes specified in ORS
659A.159 (1)(a) to (d) + } under the following circumstances:
(a) An unexpected serious health condition of an employee or
family member of an employee;
(b) An unexpected illness, injury or condition of a child of
the employee that requires home care; or
(c) A premature birth, unexpected adoption or unexpected foster
placement.
(3) If an employee commences leave without prior notice under
subsection (2) of this section, the employee must give oral
notice to the employer within 24 hours of the commencement of the
leave, and must provide the written notice required by subsection
(1) of this section within three days after the employee returns
to work. The oral notice required by this subsection may be
given by any other person on behalf of the employee taking the
leave.
{ + (4) An eligible employee must give the employer at least
seven days' written notice before commencing school activity
leave under ORS 659A.159 (1)(e), unless the employee is summoned
by the school to attend to a child of the employee, or a child in
the care of the employee, in an emergency situation or under
other circumstances in which the school gives the employee less
than seven days' notice of the need for the employee's
attendance. + }
{ - (4) - } { + (5) + } If the employee fails to give
notice as required by subsections (1) and (3) of this section,
the employer may reduce the period of family leave required by
ORS 659A.162 { + (1) and (2) + } by three weeks, and the
employee may be subject to disciplinary action under a uniformly
applied policy or practice of the employer.
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