76th OREGON LEGISLATIVE ASSEMBLY--2011 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 152
Senate Bill 506
Sponsored by Senator BOQUIST (at the request of Robin Zimmerman)
(Presession filed.)
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.
Allows eligible employees to take family leave to deal with
death of family member. Limits period of leave to two weeks or to
six weeks with medical verification. Requires that leave be
counted toward total period of authorized family leave.
A BILL FOR AN ACT
Relating to family leave; amending ORS 659A.156, 659A.159,
659A.162, 659A.165, 659A.168, 659A.177 and 659A.186.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 deal with the death of a family member by:
(A) Attending the funeral or alternative to a funeral of the
family member;
(B) Making arrangements necessitated by the death of the family
member;
(C) Grieving the death of the family member; or
(D) Receiving counseling or other medical treatment to cope
with the death of the family member. + }
(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.
{ + (3) Leave under subsection (1)(e) of this section must be
completed within two months after the death of a family member or
the discovery of the death of a family member unless the period
of leave is extended as provided by ORS 659A.162 (2)(a)(B). If
the period of leave is extended as provided by ORS 659A.162
(2)(a)(B), leave under subsection (1)(e) of this section must be
completed within 12 months after the death of a family member or
the discovery of the death of a family member. An eligible
employee is not entitled to any period of family leave under
subsection (1)(e) of this section after the expiration of 12
months after the death of a family member or the discovery of the
death of a family member. + }
SECTION 2. 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 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 { + a
total of + } 12 weeks of family leave within any one-year period.
{ + (2)(a) Except as provided by paragraph (b) of this
subsection, an eligible employee is entitled to:
(A) Up to two weeks of leave for the purposes described in ORS
659A.159 (1)(e); or
(B) Up to six weeks of leave for the purpose described in ORS
659A.159 (1)(e)(D), upon receipt of medical verification from the
health care provider of the employee as described in ORS
659A.168.
(b) An eligible employee is entitled to the period of leave
described in paragraph (a) of this subsection upon the death of
each family member of the employee within any one-year period,
except that leave taken as provided by this subsection may not
exceed the total period of family leave authorized by subsection
(1) of this section.
(c) A covered employer may not require an eligible employee to
take multiple periods of leave described in ORS 659A.159 (1)(e)
concurrently if more than one family member of the employee dies
during the one-year period.
(d) All leave taken for the purposes described in ORS 659A.159
(1)(e) shall be counted toward the total period of family leave
authorized by subsection (1) of this section. + }
{ - (2)(a) - } { + (3)(a) + } In addition to the 12 weeks
of { + family + } leave authorized by subsection (1) of this
section, { - an eligible - } { + a + } female
{ + eligible + } 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
{ + covered + } 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) - } { + (4) + } When two { + or more + } 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 - }
{ + another + } employee who { + is a family member and 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 - } { + another + }
employee { + who is a family member + } is also suffering
{ + from + } a serious health condition { - . - } { + ; or
(c) The employees are taking leave described in ORS 659A.159
(1)(e). + }
{ - (4) - } { + (5) + } An eligible employee may take
family leave for the
{ - purposes - } { + purpose + } 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)(a) + } 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 - }
{ + paragraph + } 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 - } { + does + } not result in the loss of an
eligible employee's exempt status under the federal Fair Labor
Standards Act.
{ + (b) The commissioner shall adopt rules governing when
family leave for the purposes described in ORS 659A.159 (1)(e)
may be taken intermittently. Rules adopted by the commissioner
under this paragraph shall allow taking of family leave for the
purposes described in ORS 659A.159 (1)(e) on an intermittent
basis to the extent permitted by federal law and to the extent
that taking family leave on an intermittent basis does 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 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 { - . - } { + ; or
(d) The death of a family member. + }
(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) { + Except as provided in this subsection, + } if the
employee fails to give notice as required by subsections (1) and
(3) of this section, the employer may reduce the { + total + }
period of family leave { - required - } { + authorized + } by
ORS 659A.162 by three weeks, and the employee may be subject to
disciplinary action under a uniformly applied policy or practice
of the employer. { + A reduction in the total period of family
leave under this subsection may not limit leave described in ORS
659A.159 (1)(e)(A) to (C). + }
SECTION 5. ORS 659A.168 is amended to read:
659A.168. (1) Except as provided in subsection (2) of this
section, a covered employer may require medical verification from
a health care provider of the need for the leave if the leave is
for a purpose described in ORS 659A.159 (1)(b) to (d) { + or
(e)(D) + }. If an employee is required to give notice under ORS
659A.165 (1), the employer may require that medical verification
be provided by the employee before the leave period commences. If
the employee commences family leave without prior notice pursuant
to ORS 659A.165 (2), the medical verification must be provided by
the employee within 15 days after the employer requests the
medical verification. The employer may require an employee to
obtain the opinion of a second health care provider designated by
the employer, at the employer's expense. If the opinion of the
second health care provider conflicts with the medical
verification provided by the employee, the employer may require
the two health care providers to designate a third health care
provider to provide an opinion at the employer's expense. The
opinion of the third health care provider shall be final and
binding on the employer and employee. In addition to the medical
verifications provided for in this subsection, an employer may
require subsequent medical verification on a reasonable basis.
(2) A covered employer may require medical verification for
leave taken for the purpose described in ORS 659A.159 (1)(d) only
after an employee has taken more than three days of leave under
ORS 659A.159 (1)(d) during any one-year period. Any medical
verification required under this subsection must be paid for by
the covered employer. An employer may not require an employee to
obtain the opinion of a second health care provider for the
purpose of medical verification required under this subsection.
(3) Subject to the approval of the health care provider, the
employee { - taking family leave for a serious health condition
of the employee or a family member of the employee - } shall
make a reasonable effort to schedule medical treatment or
supervision at times that will minimize disruption of the
employer's operations { + if the employee is taking leave for a
serious health condition of the employee or a family member of
the employee or is taking leave described in ORS 659A.159
(1)(e)(D) + }.
SECTION 6. ORS 659A.177 is amended to read:
659A.177. (1) Notwithstanding any other provision of ORS
659A.150 to 659A.186, if a teacher requests leave for one of the
purposes specified in ORS 659A.159 (1)(b) { + , + } { - or - }
(c) { + or (e)(D) + }, the need for the leave is foreseeable,
and the employee will be on leave for more than 20 percent of the
total number of working days in the period during which the leave
would extend, the employer of the teacher may require that the
employee elect one of the two following options:
(a) The employee may elect to take leave for a period or
periods of a particular duration, not to exceed the duration of
the anticipated medical treatment { + or counseling + }; or
(b) The employee may elect to transfer temporarily to an
available alternative position that better accommodates recurring
periods of leave than the regular position of the employee. The
teacher must be qualified for the alternative position, and the
position must have pay and benefits that are equivalent to the
pay and benefits of the employee's regular position.
(2) Notwithstanding any other provision of ORS 659A.150 to
659A.186, if a teacher commences a period of family leave for the
purpose specified in ORS 659A.159 (1)(c) more than five weeks
before the end of an academic term, the employer of the teacher
may require that the employee continue on family leave until the
end of the term if:
(a) The leave is of at least three weeks' duration; and
(b) The employee's return to employment would occur during the
three-week period before the end of the term.
(3) Notwithstanding any other provision of ORS 659A.150 to
659A.186, if a teacher commences a period of family leave for one
of the purposes specified in ORS 659A.159 (1)(a) { + , + }
{ - or - } (b) { + or (e) + } during the five weeks before the
end of an academic term, the employer of the teacher may require
that the employee continue on family leave until the end of the
term if:
(a) The leave is of at least two weeks' duration; and
(b) The employee's return to employment would occur during the
two-week period before the end of the term.
(4) Notwithstanding any other provision of ORS 659A.150 to
659A.186, if a teacher commences a period of family leave for one
of the purposes specified in ORS 659A.159 (1)(a) { + , + }
{ - or - } (b) { + or (e) + } during the three-week period
before the end of the term, and the duration of the leave is
greater than five working days, the employer of the teacher may
require that the employee continue on family leave until the end
of the term.
(5) The provisions of this section apply only to an employee
who is employed principally in an instructional capacity by a
public kindergarten, elementary school, secondary school or
education service district.
SECTION 7. ORS 659A.186 is amended to read:
659A.186. (1) ORS 659A.150 to 659A.186 do not limit any right
of an employee to { - family medical leave - } { + any leave
that is similar to the leave described in ORS 659A.159 (1)
and + } to which the employee may be entitled under any agreement
between the employer and the employee, collective bargaining
agreement or employer policy.
(2) ORS 659A.150 to 659A.186 shall be construed to the extent
possible in a manner that is consistent with any similar
provisions of the federal Family and Medical Leave Act of 1993.
Family leave taken under ORS 659A.150 to 659A.186 must be taken
concurrently with any leave taken under the federal Family and
Medical Leave Act of 1993.
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