Or. Admin. R. 839-009-0220

Current through Register Vol. 63, No. 6, June 1, 2024

Section 839-009-0220 - OFLA: Relationship to Other Laws

(1) Leave taken under FMLA counts as OFLA leave provided the employee is also eligible for OFLA leave.

(2) Provisions of OFLA will be construed to the extent possible in a manner that is consistent with any similar provisions of FMLA; however, employers subject to both OFLA and FMLA must apply in a given leave situation the provision that is more beneficial to the employee's circumstances.

(3) When a covered employee takes leave under OFLA that also qualifies as family or medical leave taken pursuant to ORS chapter 657B, the provisions of ORS 659A.174 apply.

(4) A decision by the Director of the Employment Department, or a decision under an equivalent plan described in ORS 657B.210 to 657B.260, to deny family or medical leave under ORS chapter 657B is not a defense to the unlawful practice described in ORS 659A.183. A covered employer has an independent obligation to determine whether to deny or grant OFLA leave in accordance with ORS 659A.150 to 659A.186 and these rules.

Or. Admin. R. 839-009-0220

BL 2-1995, f. 9-8-95, cert. ef. 9-9-95; BLI 5-2000, f. & cert. ef. 2-1-00; BLI 10-2002, f. & cert. ef. 5-17-02; BLI 10-2010, f. & cert. ef. 2-24-10; BLI 5-2015, f. & cert. ef. 5/18/2015; BLI 8-2015, f. & cert. ef. 6/24/2015; BLI 9-2024, amend filed 03/01/2024, effective 3/2/2024

Statutory/Other Authority: ORS 659A.805 & ORS 651.060

Statutes/Other Implemented: ORS 659A.150 - 659A.186