Oregon Administrative Code

839-009-0245 OFLA: Intermittent Leave and Alternate Duty (1) An employer may transfer an employee on intermittent OFLA leave or a reduced work schedule into an alternate position with the same or different duties to accommodate the leave, provided the following exist: (a) The emp…

839-009-0250 OFLA: Notice by Employee; Designation by Employer; Notice by Employer Regarding Eligibility or Qualification (1) Except as otherwise described in this rule, a covered employer may require an eligible employee to give 30 days’ written notice of the need for foreseeabl…

839-009-0260 OFLA: Medical Verification and Scheduling of Treatment (1) An employer may require an employee to provide medical verification of the need for OFLA leave, except that: (a) An employer may not require medical verification for child placement leave, for bereavement lea…

839-009-0265 OFLA: Medical Verification in Languages Other than English (1) In circumstances in which an employee or family member needs to obtain medical verification in a foreign country, the employer shall accept a medical verification from a health care provider who practices…

839-009-0270 OFLA: Job Protection (1) An employer must restore an employee returning from OFLA leave, including intermittent and alternate duty leave, to the employee's former position if the job still exists, even if it has been filled during the employee's OFLA leave. The forme…

839-009-0280 OFLA: Use of Accrued Leave (1) Except as provided in this rule or the terms of a collective bargaining agreement, an agreement between the eligible employee and the covered employer, or an employer policy, OFLA leave is not required to be granted with pay. (2) An emp…

839-009-0300 OFLA: Postings (1) Each covered employer must display the Bureau of Labor and Industries Family Leave Act notice. The notice must be displayed in each building or worksite in an area that is accessible to and regularly frequented by employees. Failure to post the Fam…

839-009-0320 OFLA: Enforcement and Retaliation (1) An employer's duties and obligations under OFLA extend to a successor employer as defined in FMLA, 29 CFR 825.107. (2) In accordance with the provisions of OFLA an eligible employee claiming a violation of the OFLA may file a com…

839-009-0325 Leave for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Purpose and Scope (1) The Civil Rights Division of the Bureau of Labor and Industries (“division”) enforces ORS 659A.270 to 659A.285 which require certain employers to grant leave for vic…

839-009-0330 Unlawful Practice under ORS 659A.270 to 659A.290; Prohibited Discrimination; Notice Obligations of All Employers; Obligations of State of Oregon as Employer (1) It is an unlawful employment practice for an employer covered under ORS 659A.270 to 659A.285 to deny leave…

839-009-0340 Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Definitions under ORS 659A.270 to 659A.290 (1) "Covered employer" means an employer who employs 6 or more individuals in the state of Oregon for each working day during each of 20 or more calendar …

839-009-0345 Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Purposes for Taking Leave under ORS 659A.270 to 659A.285 A covered employer shall allow an eligible employee to take reasonable leave from employment for any of the following purposes: (1) To seek …

839-009-0350 Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Length of Leave and Other Conditions (1) A covered employer must allow an eligible employee to take reasonable leave for the purposes provided in ORS 659A.272. (2) Reasonable leave means any amount…

839-009-0355 Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Undue Hardship under ORS 659A.270 to 659A.285 Undue Hardship means a significant difficulty and expense to a covered employer's business and includes consideration of the size of the covered employ…

839-009-0360 Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Intermittent Leave and Alternate Duty (1) An eligible employee may take leave under ORS 659A.270 to 659A.285 for victims of domestic violence, harassment, sexual assault or stalking in multiple blo…

839-009-0362 Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Notice by Employee under ORS 659A.270 to 659A.285 (1) An eligible employee seeking leave under ORS 659A.270 to 659A.285 for victims of domestic violence, harassment, sexual assault or stalking will…

839-009-0363 Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Use of Paid Leave under ORS 659A.270 to 659A.285 (1) Leave is unpaid leave unless otherwise provided by: (a) A collective bargaining agreement; (b) The terms of an agreement between the eligible em…

839-009-0365 Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Enforcement and Denial of leave under ORS 659A.270 to 659A.285 (1) A covered employer's duties and obligations under ORS 659A.270 to 659A.285 extend to a successor employer as defined in federal Fa…

839-009-0370 Oregon Military Family Leave Act (OMFLA): Purpose and Scope (1) The Civil Rights Division of the Bureau of Labor and Industries enforces the Oregon Military Family Leave Act, ORS 659A.090 – 659A.099 (OMFLA). Oregon Military Family Leave is leave taken by the spouse o…

839-009-0380 OMFLA: Definitions (1) “Active duty or call to active duty status” means duty under a call or order to active duty, or notification of an impending call or order to active duty, during a contingency operation, pursuant to Title 10 of the United States Code. “Continge…

839-009-0390 OMFLA: Length of Leave (1) During a period of military conflict, an employee who is a spouse or domestic partner of a member of the Armed Forces of the United States, the National Guard or the military reserve forces of the United States who has been notified of an i…

839-009-0400 OMFLA: Prohibited Discrimination It is an unlawful employment practice for a covered employer to deny OMFLA leave to an eligible employee or to discharge, threaten to discharge, demote, suspend, or in any manner retaliate or in any way discriminate against any person…

839-009-0410 OMFLA: Relationship to OFLA (1) An eligible employee need not be eligible for protected leave under the Oregon Family Leave Act (“OFLA”) in order to take protected leave under the Oregon Military Family Leave Act (“OMFLA”). (2) Protected leave taken by an eligible em…

839-009-0420 OMFLA: Relationship to FMLA To the extent the employee’s need for OMFLA leave is also covered by the Qualifying Exigency entitlements of the federal Family and Medical Leave Act (FMLA) under 29 CFR §825.126, the employer may run OMFLA leave and FMLA leave concurrentl…

839-009-0430 OMFLA: Notice by Employee (1) An eligible employee seeking Oregon Military Family Leave must provide the employer with notice of the intention to take leave within five business days of receiving official notice of an impending call or order to active duty or of a le…

839-009-0440 OMFLA: Use of Paid Leave (1) Leave is unpaid unless otherwise provided by: (a) A collective bargaining agreement; (b) The terms of an agreement between the eligible employee and the covered employer; or (c) A covered employer’s policy. (2) An employee eligible to tak…

839-009-0450 OMFLA: Job Protection (1) An employer must restore an employee returning from OMFLA leave, including intermittent and alternative duty leave, to the employee's former position if the job still exists, even if it has been filled during the employee's OMFLA leave. The …

839-009-0460 OMFLA: Enforcement and Retaliation (1) A covered employer's duties and obligations under OMFLA extend to a successor employer as defined in the federal Family and Medical Leave Act (FMLA) regulations at 29 CFR§ 825.107. (2) In accordance with the provisions of OMFLA …

839-010-0000 Purpose and Scope (1) The Civil Rights Division of the Oregon Bureau of Labor and Industries enforces the provisions of ORS 441.174, 652.355, 653.060, 659A.199, 659A.200 to 659A.233 and OL Ch 519, Sec.7 2013, prohibiting discrimination based on whistleblowing disclos…

839-010-0010 Disclosures by Public Employees: Definitions As used in ORS 659A.200 to 659A.224 and these rules: (1) "Abuse of authority" means to deliberately exceed or make improper use of delegated or inherent authority or to employ it in an illegal manner. (2) "Agency" for the …

839-010-0020 Disclosures by Public Employees: Prohibited Discrimination by Public Employers (1) Oregon public employee whistleblower statutes prohibit public employers from taking action against or prohibiting employees from: (a) Responding to legislative requests; (b) Disclosing…

839-010-0040 Disclosures by Public Employees: Discussions with Legislative Assembly Members (1) ORS 659A.203(1)(a) and (d) prohibit a public employer from prohibiting, discouraging, restraining, dissuading, coercing or otherwise interfering with any employee responding to an offi…

839-010-0050 Disclosures by Public Employees: Disclosure of Malfeasance (1) ORS 659A.203(1)(b) and (d) require that a public employer not prohibit, discourage, restrain, dissuade, coerce, or otherwise interfere with any employee disclosing to any person, or take or threaten to ta…

839-010-0060 Disclosures by Public Employees: Reports Concerning Arrest Warrants for State Beneficiaries (1) Under ORS 659A.212, if a public employee reasonably believes that a person receiving services, benefits or assistance from the state or any agency or political subdivision…

839-010-0100 Reporting Violations of Law or Aiding Criminal, Civil or Administrative Proceeding: Prohibited Discrimination by Employers (1) ORS 659A.199 prohibits any employer with one or more employees in Oregon from discharging, demoting, suspending, or in any manner discrimina…

839-010-0140 Protection in Activities Related to Civil Proceedings Under ORS 659A.230 and these rules, an employee is protected in activities related to civil proceedings. A civil proceeding, as used in ORS 659A.230 and these rules, includes a proceeding before an administrative …

839-010-0200 Disclosures by Nursing Staff: Statement of Purpose (1) ORS 441.174 prohibits a hospital from retaliating against a nursing staff because the nursing staff has taken "whistleblower" actions detailed in the statute. (2) The purpose of these rules is to clarify the prov…

839-010-0205 Disclosures by Nursing Staff: Definitions For purposes of ORS 441.174 and these rules: (1) "Affiliated hospital" means a hospital that has a business relationship with another hospital. (2) "Hospital" means an acute inpatient care facility as defined in ORS 442.470 o…

839-010-0210 Disclosures by Nursing Staff: Exceptions to Retaliatory Action (1) Except as provided in section 2 of this rule, the protection against retaliatory action provided for in ORS 441.174(1) and OAR 839-010-0205(6) and (7) does not apply to a nursing staff unless the nurs…

839-010-0300 Disclosures Regarding Violations of Election Laws: Application These rules apply to a person who pays money or offers other valuable consideration for obtaining signatures of electors on a state initiative, referendum, or recall petition or on a prospective petition …

839-010-0305 Disclosures Regarding Violations of Election Laws: Unlawful Employment Practice In addition to the conduct prohibited in ORS 659A.199, it is an unlawful employment practice for a person described in OAR 839-010-0300 to discriminate or retaliate against another person…

839-010-0310 Disclosures Regarding Violations of Election Laws: Inspection (1) The Commissioner of the Bureau of Labor and Industries may inspect the accounts of a chief petitioner of an initiative or referendum petition relating to a state measure who pays any person money or ot…

839-011-0000 Apprenticeship and Training Council — Notice of Proposed Rule Before the permanent adoption, amendment, or repeal of any rule, the Oregon State Apprenticeship and Training Council (hereinafter, Council) will give notice of the proposed adoption, amendment or repeal: …

839-011-0010 Apprenticeship and Training Council — Model Rules of Practice and Procedure The Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, are hereby adopted to govern the operations of the Bureau of Labor and Industries except to the extent…

839-011-0015 Apprenticeship and Training Council — Rules of Order The Council adopts Roberts Rules of Order for the conduct of meetings; provided, however, that specific Administrative Rules of the Council will take precedence over Roberts Rules of Order. Statutory/Other Authorit…

839-011-0020 Apprenticeship and Training Council — Date and Location of Meetings The Council shall hold at least four regular public meetings each year as required by ORS chapter 660.120(5). The date of the next regular Council meeting will be designated by the Chair and announce…

839-011-0030 Apprenticeship and Training Council — Preparation of Agenda (1) All matters to be included on the agenda must be submitted in writing to the office of the Director by 5:00 p.m. at least 45 calendar days before the date of the next Council meeting. If the 45th calenda…

839-011-0040 Apprenticeship and Training Council — Public Participation at Meetings (1) The Council encourages public participation at all meetings. Individuals who wish to address the Council are required to sign up to speak at meetings. Individuals who fail to sign up may addre…

839-011-0050 Apprenticeship and Training Council — Certificate of Meritorious Service Upon the recommendation of a local committee or the motion of a Council member, the Council may award a certificate of meritorious service to any individual who has devoted a minimum of three ye…

839-011-0051 Apprenticeship and Training Council — Delegation of Authority (1) The Chair and Director, with the approval of the Chair, may act on behalf of the Council for federal purposes and in all cases where immediate action is deemed necessary by the Chair and Director. All …