ORS 659A.156
Eligible employees

exceptions
eligibility during public health emergency
restoration of time worked

Text
Annotations

(1)

All employees of a covered employer are eligible to take leave for one of the purposes specified in ORS 659A.159 (Purposes for which family leave may be taken) (1)(b) to (e) except:

(a)

An employee who was employed by the covered employer for fewer than 180 days immediately before the date on which the family leave would commence.

(b)

An employee who worked an average of fewer than 25 hours per week for the covered employer during the 180 days immediately preceding the date on which the family leave would commence.

(2)

All employees of a covered employer are eligible to take leave for the purpose specified in ORS 659A.159 (Purposes for which family leave may be taken) (1)(a) except an employee who was employed by the covered employer for fewer than 180 days immediately before the date on which the family leave would commence.

(3)

Notwithstanding subsections (1) and (2) of this section, all employees of a covered employer are eligible to take leave for one of the purposes specified in ORS 659A.159 (Purposes for which family leave may be taken) (1)(a) to (e) during a period of time covered by a public health emergency except:

(a)

An employee who worked for the covered employer for fewer than 30 days immediately before the date on which the family leave would commence; or

(b)

An employee who worked for the covered employer for an average of fewer than 25 hours per week in the 30 days immediately before the date on which the family leave would commence.

(4)

Intentionally left blank —Ed.

(a)

Notwithstanding subsections (1) and (2) of this section, an employee of a covered employer is eligible to take leave for one of the purposes specified in ORS 659A.159 (Purposes for which family leave may be taken) (1)(b) to (e) or for the purpose specified in ORS 659A.159 (Purposes for which family leave may be taken) (1)(a), if the employee:

(A)

Intentionally left blank —Ed.

(i)

Separates from employment with the covered employer, irrespective of any reason;

(ii)

Is eligible to take leave under subsection (1) or (2) of this section at the time the employee separates; and

(iii)

Is reemployed by the covered employer within 180 days of separation from employment; or

(B)

Intentionally left blank —Ed.

(i)

Is eligible to take leave under subsection (1) or (2) of this section at the beginning of a temporary cessation of scheduled hours of 180 days or less; and

(ii)

Returns to work at the end of the temporary cessation of scheduled hours of 180 days or less.

(b)

Any family leave taken by the employee within any one-year period continues to count against the length of time of family leave the employee is entitled under ORS 659A.162 (Length of leave).

(c)

The amount of time that an employee is deemed to have worked for a covered employer prior to a break in service due to a separation from employment or a temporary cessation of scheduled hours shall be restored to the employee when the employee is reemployed by the employer within 180 days of separation from employment or when the employee returns to work at the end of the temporary cessation of scheduled hours of 180 days or less. [Formerly 659.474; 2013 c.384 §2; 2021 c.182 §2]

Source: Section 659A.156 — Eligible employees; exceptions; eligibility during public health emergency; restoration of time worked, https://www.oregonlegislature.gov/bills_laws/ors/ors659A.html.

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ORS 659A.156 Eligible employees

(1)

(a)

(b)

(2)

(3)

(a)

(b)

(4)

(a)

(A)

(i)

(ii)

(iii)

(B)

(i)

(ii)

(b)

(c)

ORS 659A.156
Eligible employees