(1) Except as provided in subsection (2) of this section, and unless otherwise provided by the terms of an agreement between the eligible employee and the covered employer, a collective bargaining agreement or an employer policy, family leave is not required to be granted with pay.
(2) An employee taking family leave is entitled to use any paid accrued sick leave or any paid accrued vacation leave during the period of family leave, or to use any other paid leave that is offered by the employer in lieu of vacation leave during the period of family leave.
(3) Subject to the terms of any agreement between the eligible employee and the covered employer or the terms of a collective bargaining agreement, the employer may determine the particular order in which accrued leave is to be used in circumstances in which more than one type of accrued leave is available to the employee. [Formerly 659.486; 2007 c.635 §1]
Note: Section 2, chapter 635, Oregon Laws 2007, provides:
Sec. 2. The amendments to ORS 659A.174 by section 1 of this 2007 Act apply only to periods of family leave taken on or after the effective date of this 2007 Act [January 1, 2008]. [2007 c.635 §2]
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