ORS 659A.150
Definitions for ORS 659A.150 to 659A.186

As used in ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions):

(1)

“Covered employer” means an employer described in ORS 659A.153 (Covered employers).

(2)

“Eligible employee” means any employee of a covered employer other than those employees exempted under the provisions of ORS 659A.156 (Eligible employees).

(3)

“Family leave” means a leave of absence described in ORS 659A.159 (Purposes for which family leave may be taken), except that “family leave” does not include leave taken by an eligible employee who is unable to work because of a disabling compensable injury, as defined in ORS 656.005 (Definitions), under ORS chapter 656.

(4)

“Family member” means the spouse of an employee, the biological, adoptive or foster parent or child of the employee, the grandparent or grandchild of the employee, a parent-in-law of the employee or a person with whom the employee was or is in a relationship of in loco parentis.

(5)

“Health care provider” means:

(a)

A person who is primarily responsible for providing health care to an eligible employee or a family member of an eligible employee, who is performing within the scope of the person’s professional license or certificate and who is:

(A)

A physician licensed under ORS chapter 677;

(B)

A physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees);

(C)

A dentist licensed under ORS 679.090 (Issuance of license);

(D)

A psychologist licensed under ORS 675.030 (Licensing of psychologists after examination);

(E)

An optometrist licensed under ORS 683.070 (Issuance of certificates of licensure);

(F)

A naturopath licensed under ORS 685.080 (Examination and reexamination of applicants);

(G)

A registered nurse licensed under ORS 678.050 (Examining applicants);

(H)

A nurse practitioner licensed under ORS 678.375 (Nurse practitioners);

(I)

A direct entry midwife licensed under ORS 687.420 (Standards for licensing);

(J)

A licensed registered nurse licensed by the Oregon State Board of Nursing as a nurse practitioner specializing in nurse midwifery;

(K)

A regulated social worker authorized to practice regulated social work under ORS 675.510 (Definitions for ORS 675.510 to 675.600) to 675.600 (Duties of board); or

(L)

A chiropractic physician licensed under ORS 684.054 (Issuing license), but only to the extent the chiropractic physician provides treatment consisting of manual manipulation of the spine to correct a subluxation demonstrated to exist by X-rays.

(b)

A person who is primarily responsible for the treatment of an eligible employee or a family member of an eligible employee solely through spiritual means, including but not limited to a Christian Science practitioner.

(6)

“Serious health condition” means:

(a)

An illness, injury, impairment or physical or mental condition that requires inpatient care in a hospital, hospice or residential medical care facility;

(b)

An illness, disease or condition that in the medical judgment of the treating health care provider poses an imminent danger of death, is terminal in prognosis with a reasonable possibility of death in the near future, or requires constant care;

(c)

Any period of disability due to pregnancy, or period of absence for prenatal care; or

(d)

Any period of absence for the donation of a body part, organ or tissue, including preoperative or diagnostic services, surgery, post-operative treatment and recovery. [Formerly 659.470; 2005 c.171 §1; 2007 c.633 §1; 2007 c.777 §1; 2009 c.442 §43; 2013 c.129 §34; 2014 c.45 §72; 2019 c.233 §3; 2019 c.265 §1; 2019 c.358 §18]
§§ 659A.250 to 659A.262

(formerly 659.280 to 659.290)

Law Review Citations

26 WLR 394-395 (1990)

(formerly 659.470)

Notes of Decisions

For purpose of identifying serious health condition, “constant care” is equivalent to term “continuing treatment” as used in federal Family Medical Leave Act of 1993. Centennial School District No. 28J v. Bureau of Labor and Industries, 169 Or App 489, 10 P3d 945 (2000), Sup Ct review denied

§§ 659A.150 to 659A.186

Notes of Decisions

Termination of employment in retaliation for invoking Oregon Family Leave Act rights constitutes wrongful discharge in violation of public policy. Yeager v. Providence Health System Oregon, 195 Or App 134, 96 P3d 862 (2004), Sup Ct review denied

Source
OR Legislature
Last accessed
May. 15, 2020
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