OAR 839-009-0355
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Undue Hardship under ORS 659A.270 to 659A.285


Undue Hardship means a significant difficulty and expense to a covered employer’s business and includes consideration of the size of the covered employer’s business and the covered employer’s critical need for the eligible employee. Other factors to consider in determining whether granting 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 will cause an undue hardship on a covered employer’s business include, but are not limited to:

(1)

The length of 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 requested and the relative cost to a covered employer’s business;

(2)

The overall financial resources of the covered employer’s facility or facilities, the number of persons employed at the facility and the effect on expenses and resources or other impacts on the operation of the facility if the 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 were granted;

(3)

The overall financial resources of the covered employer, the overall size of the business of the covered employer with respect to the number of its employees and the number, type and location of the covered employer’s facilities;

(4)

The type of operations conducted by the covered employer, including the composition, structure and functions of the covered employer’s workforce.

Source: Rule 839-009-0355 — Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Undue Hardship under ORS 659A.270 to 659A.285, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-009-0355.

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 839-009-0355’s source at or​.us