Or. Admin. R. 839-009-0230

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

Section 839-009-0230 - OFLA: Purposes for Taking Leave

Eligible employees may take OFLA leave, including OFLA leave taken pursuant to ORS 657B.020, for the purposes commonly referred to as parental leave, serious health condition leave, pregnancy disability leave, sick child leave, and the death of a family member.

(1) Parental leave is leave taken for the birth of the employee's child, to care for the employee's newborn, newly adopted or newly placed foster child under 18 years of age or for a newly adopted or newly placed foster child 18 years of age or older who is incapable of self-care because of a physical or mental impairment. It includes leave time to effectuate the legal process required for placement of a foster child or the adoption of a child.

(2) Serious health condition leave is leave taken:

(a) To provide care for a family member with a serious health condition as defined in OAR 839-009-0210; or

(b) To recover from or seek treatment for a serious health condition that renders an employee unable to perform at least one essential function of the employee's regular position.

(3) Pregnancy disability leave is leave taken by an employee for their own disability related to pregnancy, including pregnancy termination or childbirth, whether the disability occurs before, during or after the birth of the child, or for prenatal care, including fertility or infertility treatment. Pregnancy disability leave is a form of serious health condition leave.

(4) Sick child leave is leave taken to care for an employee's child suffering from an illness, injury, or condition that requires home care but is not a serious health condition.

(a) Sick child leave includes absence to care for an employee's child whose school or child care provider has been closed in conjunction with a statewide public health emergency declared by a public health official.

(b) An employer is not required to grant leave for routine medical or dental appointments.

(5) Leave to deal with the death of a family member is leave taken to attend the funeral or alternative to a funeral of the family member, to make arrangements necessitated by the death of the family member, or to grieve the death of the family member.

Or. Admin. R. 839-009-0230

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 16-2013, f. & cert. ef. 12-31-13; BLI 5-2015, f. & cert. ef. 5/18/2015; BLI 8-2015, f. & cert. ef. 6/24/2015; BLI 4-2020, temporary amend filed 03/18/2020, effective 03/18/2020 through 09/13/2020; BLI 7-2020, amend filed 09/11/2020, effective 9/14/2020; BLI 14-2022, minor correction filed 09/20/2022, effective 9/20/2022; 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