OAR 839-009-0363
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Use of Paid Leave under ORS 659A.270 to 659A.285

(1)

Leave is unpaid leave unless otherwise provided by:

(a)

A collective bargaining agreement;

(b)

The terms of an agreement between the eligible employee and the covered employer; or

(c)

A covered employer’s policy.

(2)

An eligible employee taking leave pursuant to an agreement between the eligible employee and the covered employer, a collective bargaining agreement or a covered employer policy may use any paid accrued vacation leave or may use any other paid leave that is offered by the covered employer in lieu of vacation leave during the period of 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 or a covered employer policy, the covered employer may determine the order in which paid accrued leave is to be used when more than one type of paid accrued leave is available to the employee.

(4)

An eligible employee of the State of Oregon shall be granted leave with pay for the purposes in ORS 659A.272 (Employer required to provide leave) and OAR 839-009-0345 (Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Purposes for Taking Leave under ORS 659A.270 to 659A.285).

(a)

Leave with pay taken under this subsection is in addition to any vacation, sick, personal business, or other forms of paid or unpaid leave available to the eligible employee.

(b)

The eligible employee must exhaust all other forms of paid leave before the employee may use the paid leave under this section.

(c)

An eligible employee may take up to 160 hours of leave with pay authorized by ORS 659A.283 (Paid leave for public employees) in each calendar year.

(d)

The State of Oregon shall allow its eligible employee who has exhausted the 160 hours of leave with pay authorized by ORS 659A.283 (Paid leave for public employees) to take reasonable additional unpaid leave for the purposes in ORS 659A.272 (Employer required to provide leave) and OAR 839-009-0345 (Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Purposes for Taking Leave under ORS 659A.270 to 659A.285).

Source: Rule 839-009-0363 — Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Use of Paid Leave under ORS 659A.270 to 659A.285, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-009-0363.

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 839-009-0363’s source at or​.us