Oregon Administrative Code

839-006-0300 Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Purpose and Scope (1) It is the policy of the State of Oregon to guarantee individuals equal access to and enjoyment of places of public accommodation as defined in ORS 659A.142 and 6…

839-006-0305 Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Definitions (1) "Disability" has the meaning given in OAR 839-006-0205. (2) "Major life activity" has the meaning given in OAR 839-006-0205(6). (3) "Physical or mental impairment" has…

839-006-0310 Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Removal of Physical Barriers to Facilities (1) Places of public accommodation must remove physical barriers to entering and using existing facilities when such removal is readily achi…

839-006-0320 Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Provision of Auxiliary Aids (1) Places of public accommodation must provide auxiliary aids and services when necessary to ensure equal access to offered goods, privileges, services or…

839-006-0330 Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Removal of Barriers to Goods and Services (1) Places of public accommodation must remove physical and administrative barriers, if readily achievable (as defined in OAR 839-006-0310) i…

839-006-0335 Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Direct Threat to Health or Safety (1) Notwithstanding other provisions of these rules, places of public accommodation may refuse to permit an individual with a disability to participa…

839-006-0340 Discrimination Theories: Discrimination against Individuals with Disabilities by State Government or Places of Public Accommodation (1) A violation of discrimination laws against individuals with disabilities may involve either intentional or unintentional discrimina…

839-006-0345 Assistance Animals in Places of Public Accommodation or of Access to State Government (1) “Assistance animal” means a dog or other animal designated by administrative rule that has been individually trained to do work or perform tasks for the benefit of an individual…

839-006-0350 Requirements for Transient Lodging: Lift Systems for Transient Lodging (1) A transient lodging provider shall ensure that in transient lodging facilities of 175 or more rooms or suite of rooms that at least one room or suite of rooms has a lift system or multiple lif…

839-006-0435 Veterans’ Preference in Public Employment (1) It is the policy of the State of Oregon that a public employer grant a preference in hiring and promotion to state servicemembers, former state servicemembers, veterans, and disabled veterans, under the provisions of ORS …

839-006-0440 Veterans’ Preference in Public Employment: Definitions (1) “Armed Forces” means the United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, including the reserve components thereof. (Title 38 USC Part I Chapter 1 Section 101). Reserve compone…

839-006-0445 Eligibility for Employment Preference There are no limitations on the number of times a person can claim the preference described in ORS 408.225 to 408.237. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 408.225 - 408.237 History: BLI 15-2025…

839-006-0450 Veterans’ Preference in Public Employment: Applying the Employment Preference (1) At each stage of the application process a public employer must grant a preference, in accordance with ORS 408.225 to 408.237, to a state servicemember, former state servicemember, vete…

839-006-0455 Veterans’ Preference in Public Employment: Employment Preference for Promotions A public employer must grant a preference to a person seeking promotion in the manner described in ORS 408.225 to 408.237. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implement…

839-006-0465 Veterans’ Preference in Public Employment: Certification (1) A public employer may require an applicant to provide certification that the person is a state servicemember, former state servicemember, eligible veteran, or disabled veteran. (2) An applicant for a positi…

839-006-0480 Discrimination Based on Uniformed Service (1) For purposes of this rule: (a) “Service” means the performance of duty on a voluntary or involuntary basis in a uniformed service that may involve active duty, active duty for training, initial active duty for training, i…

839-007-0000 Definitions As used in ORS 653.601 to 653.661 and these rules: (1) “Affinity” has the meaning given that term in OAR 839-009-0210. (2) “City with a population exceeding 500,000” means a city with a population exceeding 500,000 located within the state of Oregon. (3) …

839-007-0005 Jointly Employed Employees (1) All joint employers are responsible, both individually and jointly, for ensuring compliance with the provisions of ORS 653.601 to 653.661 and these rules. The bureau will be guided by joint employment standards found in Title 29, Code o…

839-007-0007 Front-loading Sick Time (1) In lieu of awarding at least one hour of sick time for every 30 hours an employee works, an employer may satisfy its obligations under ORS 653.606(1) and these rules by front-loading at least 40 hours of sick time or time off at the beginn…

839-007-0010 Determining the Number of Sick Time Hours Accrued for Employees for Whom Recording Hours Worked is not Required (1) For purposes of determining the number of sick time hours accrued by an employee for whom recording the number of hours worked is not otherwise require…

839-007-0012 Employees with Both Unpaid and Paid Sick Time When the number of employees employed by an employer fluctuates from year to year, so that the employer’s obligation to provide sick time alternates between paid sick time and unpaid sick time, an employee is entitled to …

839-007-0015 Calculating the Number of Employees Employed (1) As used in ORS 653.606(2) and this rule, “employee” does not include an individual or the parent, spouse or child of an individual who is: (a) A director of a corporation who has a substantial ownership interest in the…

839-007-0020 Permissible Use of Sick Time Pursuant to ORS 653.616 and these rules an employee may use sick time for any of the following: (1) For an employee’s mental or physical illness, injury or health condition; need for medical diagnosis, care or treatment of a mental or phy…

839-007-0025 Increments of Sick Time to Be Taken by Employee (1) An employee shall use accrued sick time in hourly increments, unless the employer permits the employee to use sick time in increments of less than one hour. (2) If an employer can demonstrate that to provide sick le…

839-007-0030 Payment of Sick Time (1) Sick time must be paid no later than the payday for the next regular pay period after the sick time was used by the employee. (2) An employer may not reduce an employee’s benefits, including but not limited to health care benefits, because th…

839-007-0032 Application of Sick Time Provisions to New Businesses (1) An employer that has been in business for less than 20 workweeks shall allow employees to accrue sick leave pursuant to the provisions of ORS 653.606(3). (2) An employer that has been in business for less than…

839-007-0033 Sick Time on Public Works Projects In addition to OAR 839-007-0000 through OAR 839-007-0120, the following applies to employees performing work on public works projects subject to ORS 279C.800-ORS 279C.870: (1) An employer may not reduce an employee’s benefits, inclu…

839-007-0035 Sick Time for Shifts of Indeterminate Length or On-Call Shifts (1) If an employee uses sick time for a shift of indeterminate length (for example, a shift that is defined by business needs rather than a specified number of hours), the employer may determine the amoun…

839-007-0040 Employee Notice Policy and Procedures (1) An employer may require an employee to comply with the employer’s usual and customary written notice and procedure requirements for foreseeable absences for requesting time off if those requirements do not interfere with the …

839-007-0045 Verification and Certification for Sick Time Use (1) If an employee uses sick time for more than three consecutive scheduled workdays: (a) For a purpose provided in ORS 653.616(1) or (2) or ORS 659A.159(1)(a) or 659A.162 the employer may require the employee to provi…

839-007-0050 Required Employer Notices (1) Employers are required to provide to each employee: (a) Written notification at least quarterly of the amount of accrued and unused sick time available for use by the employee. Inclusion of this information on the statement required unde…

839-007-0055 Substantial Equivalency An employer’s own sick leave, paid vacation, paid personal time off, or other paid time off policy is substantially equivalent to sick time required under ORS 653.601 to 653.661 when such a policy provides for at least the same number of sick …

839-007-0065 Unlawful Employment Practice (1) It is an unlawful employment practice for an employer or any other person to deny, interfere with, restrain or fail to pay for sick time to which an employee is entitled. (2) It is an unlawful employment practice for an employer or an…

839-007-0100 Civil Penalties (1) The Commissioner of the Bureau of Labor and Industries may assess a civil penalty for any of the following willful violations of ORS 653.601 to 653.661 and these rules: (a) Failure to permit any employee to make use of accrued sick time; (b) Failu…

839-007-0120 Criteria for Determining a Civil Penalty (1) The Commissioner of the Bureau of Labor and Industries may consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be assessed and cite those the commissioner fin…

839-008-0000 Definitions As used in ORS 652.210 to 652.235 and these rules: (1) “Benefits” means: (a) The rate of contribution, beyond what is required by federal, state or local law, that an employer makes irrevocably to a trustee or to a third person under a plan, fund or progr…

839-008-0005 Seeking and Screening Job Applicants Based on Compensation (1) Pursuant to ORS 659A.357, it is an unlawful practice under ORS chapter 659A for an employer or prospective employer to seek the salary history of an applicant or employee from the applicant or employee or…

839-008-0010 Work of Comparable Character (1) As used in ORS 652.210 to ORS 652.235 and these rules, “work of comparable character” includes substantially similar knowledge, skill, effort, responsibility and working conditions as defined or described as follows, with no single fa…

839-008-0015 Bona Fide Factors that May Be Considered in Paying Employees Performing Work of Comparable Character at Different Compensation Levels Pursuant to ORS 652.220(2), employees may receive different levels of compensation for work of comparable character if the entire com…

839-008-0020 Determining Benefits as Part of Compensation For purposes of ORS 652.210 to 652.235 and these rules, an employer may provide different benefits as part of compensation to employees performing work of comparable character if: (1) The same benefit options are offered t…

839-008-0025 Reductions in Employee Compensation (1) Pursuant to ORS 652.220(4), an employer may not reduce the compensation level of an employee to comply with the provisions of ORS 652.210 to 652.235 and these rules. (2) Red circling, freezing or otherwise holding an employee’s…

839-008-0030 Required Posting and Notice Requirements (1) The Bureau of Labor and Industries shall make available to employers a template that meets the required notice provisions of ORS 652.220(7). (2) Employers shall display the poster in every establishment where employees wor…

839-008-0035 Individual Acts of Remuneration as Distinct Violations An employer commits an unlawful compensation practice each time an employee is remunerated in violation of ORS 652.220. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 652.220 & ORS 659A.8…

839-009-0150 Paid Leave Oregon: Job Protections (1) The protections provided under ORS 657B.060 and this rule apply only to an eligible employee who was employed by the employer for at least 90 consecutive calendar days prior to taking Paid Leave Oregon leave. 90 consecutive cale…

839-009-0210 OFLA: Definitions As used in this Division 9: (1) “Alternate duty" means work assigned to an employee that may consist of: (a) The employee's same duties worked on a different schedule; or (b) Different duties worked on the same or different schedule. (2)(a) “Affinit…

839-009-0215 OFLA: Leave Previously Protected by OFLA (1) As used in this rule, “leave previously protected by OFLA” means leave: (a) To which an eligible employee would be entitled under ORS 659A.150 to 659A.186 on June 30, 2024; and (b) To which an eligible employee would not b…

839-009-0220 OFLA: Relationship to Other Laws (1) Leave taken under FMLA counts as OFLA leave provided the employee is also eligible for OFLA leave. (2) Provisions of OFLA will be construed to the extent possible in a manner that is consistent with any similar provisions of FMLA;…

839-009-0230 OFLA: Purposes for Taking Leave Eligible employees may take OFLA leave for the purposes referred to as child placement leave, pregnancy disability leave, sick child leave, and bereavement leave. (1) Child placement leave is leave taken under OFLA before January 1, 20…

839-009-0235 OFLA: Leave Year (1) For purposes of this Division 9, “OFLA leave year” has the meaning given the phrase “one-year period” in ORS 659A.164. (2) If a covered employer transitions from any other leave year applicable to OFLA to an OFLA leave year, all eligible employee…

839-009-0240 OFLA: Length of Leave and Other Conditions of OFLA Leave (1)(a) An eligible employee is entitled to up to a total of 12 weeks of OFLA leave, for sick child leave and bereavement leave, within an OFLA leave year. (b) Notwithstanding subsection (a) of this section, an …