ORS § 659A.162

Current through 2024 Regular Session legislation effective March 27, 2024
Section 659A.162 - [Operative 7/1/2024] Length of leave; conditions; rules
(1)
(a) 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 for a purpose described in ORS 659A.159 within any one-year period.
(b) Leave taken under ORS 659A.150 to 659A.186 is in addition to, and may not be taken concurrently with, any leave taken pursuant to ORS chapter 657B.
(2)
(a) Except as provided by paragraph (b) of this subsection, an eligible employee is entitled to a total of two weeks of family leave for the purposes described in ORS 659A.159 (1)(b).
(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 a total of four weeks within any one-year period.
(c) A covered employer may not require an eligible employee to take multiple periods of leave described in ORS 659A.159 (1)(b) 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)(b) shall be counted toward the total period of family leave authorized by subsection (1) of this section.
(3) In addition to the 12 weeks of family leave authorized by subsection (1) of this section, an eligible employee may take a total of 12 weeks of leave within any one-year period for an illness, injury or condition related to the eligible employee's own pregnancy or childbirth that disables the eligible employee from performing any available job duties offered by the covered employer.

(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 a child for a purpose described in ORS 659A.159 (1)(a) while another employee is taking leave under subsection (3) of this section; or
(b) One or more of the employees is taking leave described in ORS 659A.159 (1)(b).

(5) 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.
(6) The Commissioner of the Bureau of Labor and Industries shall adopt rules governing when family leave may be taken intermittently or by working a reduced workweek. Rules adopted by the commissioner under this 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 does not result in the loss of an eligible employee's exempt status under the federal Fair Labor Standards Act.

ORS 659A.162

Amended by 2024 Ch. 20,§ 9, eff. 3/20/2024, op. 7/1/2024.
Amended by 2021 Ch. 182, , eff. 1/1/2022.
Amended by 2013 Ch. 384, § 3, eff. 1/1/2014.
Formerly 659.478; 2007 c. 633, § 2
This section is set out more than once due to postponed, multiple, or conflicting amendments.