Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions
Definitions for ORS 659A
(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) 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)“Public health emergency” means:
(a)A public health emergency declared under ORS 433.441 (Declaration of public health emergency).
(b)An emergency declared under ORS 401.165 (Declaration of state of emergency) if related to a public health emergency as defined in ORS 433.442 (Definitions for ORS 433).
(7)“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; 2021 c.182 §1]
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