Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.159
Purposes for which family leave may be taken

(1)

Family leave under ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions) may be taken by an eligible employee for any of the following purposes:

(a)

To care for an infant or newly adopted child under 18 years of age, or for a newly placed foster child under 18 years of age, or for an adopted or foster child older than 18 years of age if the child is incapable of self-care because of a mental or physical disability.

(b)

To care for a family member with a serious health condition.

(c)

To recover from or seek treatment for a serious health condition of the employee that renders the employee unable to perform at least one of the essential functions of the employee’s regular position.

(d)

To care for a child of the employee who is suffering from an illness, injury or condition that is not a serious health condition but that requires home care.

(e)

To deal with the death of a family member by:

(A)

Attending the funeral or alternative to a funeral of the family member;

(B)

Making arrangements necessitated by the death of the family member; or

(C)

Grieving the death of the family member.

(2)

(a) Leave under subsection (1)(a) of this section must be completed within 12 months after birth or placement of the child, and an eligible employee is not entitled to any period of family leave under subsection (1)(a) of this section after the expiration of 12 months after birth or placement of the child.

(b)

Leave under subsection (1)(e) of this section must be completed within 60 days of the date on which the eligible employee receives notice of the death of a family member. [Formerly 659.476; 2013 c.384 §1]
§§ 659A.250 to 659A.262

(formerly 659.280 to 659.290)

Law Review Citations

26 WLR 394-395 (1990)

(formerly 659.476)

Notes of Decisions

"Essential functions" of position may include ability to perform work at specific work site. 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

Last accessed
Jun. 26, 2021

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