(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.
(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) 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.
(4) 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) 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) 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) 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. [Formerly 659.478; 2007 c.633 §2]
Note: See note under 659A.150.
Section: Previous 659A.139 659A.142 659A.145 659A.150 659A.153 659A.156 659A.159 659A.162 659A.165 659A.168 659A.171 659A.174 659A.177 659A.180 659A.183 NextLast modified: August 7, 2008