OAR 839-009-0340
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Definitions under ORS 659A.270 to 659A.290


(1)

“Covered employer” means an employer who employs 6 or more individuals in the state of Oregon for each working day during each of 20 or more calendar workweeks in the year in which an eligible employee takes leave under ORS 659A.270 (Definitions for ORS 659A.270 to 659A.285) to 659A.285 (Use of paid leave) for victims of domestic violence, harassment, sexual assault or stalking or in the year immediately preceding the year in which an eligible employee takes the leave.

(2)

“Eligible employee” means an employee who is employed in the state of Oregon on the date leave begins under ORS 659A.270 (Definitions for ORS 659A.270 to 659A.285) to 659A.285 (Use of paid leave) for victims of domestic violence, harassment, sexual assault or stalking and is a victim of domestic violence, harassment, sexual assault or stalking or is the parent or guardian of a minor child or dependent who is the victim of domestic violence, harassment, sexual assault or stalking.

(3)

“Dependent” includes an adult dependent child substantially limited by a physical or mental impairment as defined by ORS 659A.104 (Description of disability for purposes of ORS 659A.103 to 659A.145)(1)(a), (3), and (4) or any adult over whom the employee has guardianship.

(4)

“Immediate family” of a “victim” as defined in this section includes the victim’s spouse as defined in OAR 839-009-0210 (OFLA: Definitions)(21); domestic partner; custodial parent; non-custodial parent; adoptive parent; foster parent; biological parent; step parent; parent-in-law; parent of domestic partner; sibling; child; stepchild; grandparent; grandchild; a person with whom the victim of domestic violence, harassment, sexual assault or stalking is or was in a relationship of in loco parentis; or any person who had the same primary residence as the victim at the time of the domestic violence, harassment, sexual assault or stalking.

(5)

“In loco parentis” means in the place of a parent, having financial or day-to-day responsibility for the care of a child. A legal or biological relationship is not required.

(6)

“Minor child” for purposes of OAR 839-009-0325 (Leave for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Purpose and Scope)-.0365 and ORS 659A.270 (Definitions for ORS 659A.270 to 659A.285)-.285 has the same meaning as “child” as defined in OAR 839-009-0210 (OFLA: Definitions)(2) for purposes of parental and sick child leave.

(7)

“Parent or guardian” for purposes of an employee taking leave for a minor child or dependent who is a victim of domestic violence, harassment, sexual assault or stalking means a custodial parent, non-custodial parent, step parent, adoptive parent, foster parent, biological parent, same-gender domestic partner of a parent or an employee who is or was in relationship of in loco parentis with a minor child or a dependent.

(8)

“Victim of domestic violence” means an individual who has been threatened with abuse or who is a victim of abuse as defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735).

(9)

“Victim of harassment” means an individual against whom harassment has been committed as described in Oregon’s criminal code at ORS 166.065 (Harassment).

(10)

“Victim services provider” means a prosecutor-based victim assistance program or a nonprofit program offering safety planning, counseling, support or advocacy related to domestic violence, harassment, sexual assault or stalking.

(11)

“Victim of sexual assault” means an individual against whom a sexual offense has been threatened or committed as described in ORS 163.305 (Definitions) to 163.467 (Private indecency) or 163.525 (Incest)

(12)

“Victim of stalking” means:

(a)

An individual against whom stalking has been threatened or committed as described in ORS 163.732 (Stalking); or
(b)An individual who has obtained a temporary or permanent court’s stalking protective under ORS 30.866 (Action for issuance or violation of stalking protective order).

(13)

“Victim” includes any other person who has suffered financial, social, psychological or physical harm as a result of domestic violence, harassment, sexual assault or stalking committed against a victim as defined in subsections (8), (9), (11), and (12), including a member of the victim’s immediate family as defined in this rule.

(14)

In no event will an alleged perpetrator of domestic violence, harassment, sexual assault, or stalking be considered a victim for the purposes of these rules.

Source: Rule 839-009-0340 — Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Definitions under ORS 659A.270 to 659A.290, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-009-0340.

839‑009‑0200
Oregon Family Leave Act (OFLA): Purpose and Scope
839‑009‑0210
OFLA: Definitions
839‑009‑0220
OFLA: Relationship to FMLA
839‑009‑0230
OFLA: Purposes for Taking Leave
839‑009‑0240
OFLA: Length of Leave and Other Conditions of OFLA Leave
839‑009‑0245
OFLA: Intermittent Leave and Alternate Duty
839‑009‑0250
OFLA: Notice by Employee
839‑009‑0260
OFLA: Medical Verification and Scheduling of Treatment
839‑009‑0265
OFLA: Medical Verification in Languages Other than English
839‑009‑0270
OFLA: Job Protection
839‑009‑0280
OFLA: Use of Paid Leave
839‑009‑0290
OFLA: Special Rules for Public School Teachers
839‑009‑0300
OFLA: Postings
839‑009‑0320
OFLA: Enforcement and Retaliation
839‑009‑0325
Leave for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Purpose and Scope
839‑009‑0330
Unlawful Practice under ORS 659A.270 to 659A.290
839‑009‑0340
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Definitions under ORS 659A.270 to 659A.290
839‑009‑0345
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Purposes for Taking Leave under ORS 659A.270 to 659A.285
839‑009‑0350
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Length of Leave and Other Conditions
839‑009‑0355
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Undue Hardship under ORS 659A.270 to 659A.285
839‑009‑0360
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Intermittent Leave and Alternate Duty
839‑009‑0362
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Notice by Employee under ORS 659A.270 to 659A.285
839‑009‑0363
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Use of Paid Leave under ORS 659A.270 to 659A.285
839‑009‑0365
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Enforcement and Denial of leave under ORS 659A.270 to 659A.285
839‑009‑0370
Oregon Military Family Leave Act (OMFLA): Purpose and Scope
839‑009‑0380
OMFLA: Definitions
839‑009‑0390
OMFLA: Length of Leave
839‑009‑0400
OMFLA: Prohibited Discrimination
839‑009‑0410
OMFLA: Relationship to OFLA
839‑009‑0420
OMFLA: Relationship to FMLA
839‑009‑0430
OMFLA: Notice by Employee
839‑009‑0440
OMFLA: Use of Paid Leave
839‑009‑0450
OMFLA: Job Protection
839‑009‑0460
OMFLA: Enforcement and Retaliation
Last Updated

Jun. 8, 2021

Rule 839-009-0340’s source at or​.us