Chapter 659A — Chapter 659A

ORS 659A.147 Prohibited conduct; posting requirements; Commissioner of Bureau of Labor and Industries to develop training and education materials; undue hardship exception; remedies. (1) It is an unlawful employment practice for an employer, because of known limitations related to pregnancy, childbirth or a related medical condition, including but not limited to lactation, of a job applicant or an employee, to

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ORS 659A.148 Employers to whom provisions relating to reasonable accommodation apply. The requirements of ORS 659A.147 apply only to employers who employ six or more persons. [2019 c.139 §4]

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ORS 659A.150 Definitions for ORS 659A.150 to 659A.186. As used in ORS 659A.150 to 659A.186

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ORS 659A.153 Covered employers. (1) The requirements of ORS 659A.150 to 659A.186 apply only to employers who employ 25 or more persons in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which the leave is to be taken or in the year immediately preceding the year in which the leave is to be taken

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ORS 659A.156 Eligible employees; exceptions; eligibility during public health emergency; restoration of time worked. (1) All employees of a covered employer are eligible to take leave for any of the purposes specified in ORS 659A.150 to 659A.186 except

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ORS 659A.157 Determining family member by reason of affinity. In order to determine whether an individual qualifies as a family member by reason of affinity, as that term is used in ORS 659A.150, consideration shall be given to whether there exists a significant personal bond attributable to factors, established by the Commissioner of the Bureau of Labor and Industries by rule, that, when examined in total, resemble a family relationship. [2023 c.203 §4]

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ORS 659A.159 Purposes for which family leave may be taken. (1) Family leave under ORS 659A.150 to 659A.186 may be taken by an eligible employee for any of the following purposes

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ORS 659A.162 Length of leave; conditions; rules. (1)(a) Except as specifically provided by ORS 659A.150 to 659A.186, an eligible employee is entitled to up to a total of 12 weeks of family leave for a purpose described in ORS 659A.159 within any one-year period

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ORS 659A.164 Meaning of “one-year period” for purposes of determining amount of leave available to eligible employee; rules. (1) For purposes of determining the amount of family leave that an eligible employee is entitled to take within a given one-year period, “one-year period” means a period of 52 consecutive weeks beginning on the Sunday immediately preceding the date on which family leave commences

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ORS 659A.165 Notice to employer; exceptions. (1) Except as provided in subsection (2) of this section, a covered employer may require an eligible employee to give the employer written notice at least 30 days before commencing family leave. The employer may require the employee to include an explanation of the need for the leave in the notice

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ORS 659A.168 Medical verification requirements; exceptions. (1) Except as provided in subsection (2) of this section, a covered employer may require medical verification from a health care provider of the need for the leave if the leave is for a purpose described in ORS 659A.159 (1)(a) other than to care for a child who requires home care due to the closure of the child’s school or child care provider as a result of a public health emergency, or if the leave is for the purpose described in ORS 659A.162 (3). If an employee is required to give notice under ORS 659A.165 (1), the employer may require that medical verification be provided by the employee before the leave period commences. If the employee commences family leave without prior notice pursuant to ORS 659A.165 (2), the medical verification must be provided by the employee within 15 days after the employer requests the medical verification

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ORS 659A.171 Job protection; benefits. (1) After returning to work after taking family leave under the provisions of ORS 659A.150 to 659A.186, an eligible employee is entitled to be restored to the position of employment held by the employee when the leave commenced if that position still exists, without regard to whether the employer filled the position with a replacement worker during the period of family leave. If the position held by the employee at the time family leave commenced no longer exists, the employee is entitled to be restored to any available equivalent position with equivalent employment benefits, pay and other terms and conditions of employment. If an equivalent position is not available at the job site of the employee’s former position, the employer shall offer the employee an equivalent position at a job site located within 50 miles of the job site of the employee’s former position, if such a position is available. If equivalent positions are available at multiple job sites, the employer shall first offer the employee the position at the job site that is nearest to the job site of the employee’s former position

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ORS 659A.174 Use of paid leave. (1) Except as provided in subsection (2) of this section, and unless otherwise provided by the terms of an agreement between the eligible employee and the covered employer, a collective bargaining agreement or an employer policy, family leave is not required to be granted with pay

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ORS 659A.177 Special rules for teachers. (1) Notwithstanding any other provision of ORS 659A.150 to 659A.186, if a teacher commences a period of family leave for the purpose specified in ORS 659A.159 (1)(b) during the three-week period before the end of the term, and the duration of the leave is greater than five working days, the employer of the teacher may require that the employee continue on family leave until the end of the term

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ORS 659A.180 Postings by employer. A covered employer shall post a notice of the requirements of ORS 659A.150 to 659A.186 in every establishment of the employer in which employees are employed. The Bureau of Labor and Industries shall provide notices to covered employers meeting the requirements of this section. [Formerly 659.490]

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ORS 659A.183 Denying family leave to eligible employee prohibited; retaliation prohibited. It is an unlawful practice for a covered employer to

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ORS 659A.186 Exclusivity of provisions; construction; concurrent leave. (1) ORS 659A.150 to 659A.186 do not limit any right of an employee to any leave that is similar to the leave described in ORS 659A.159 (1) and to which the employee may be entitled under any agreement between the employer and the employee, collective bargaining agreement or employer policy

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ORS 659A.190 Definitions for ORS 659A.190 to 659A.198. As used in ORS 659A.190 to 659A.198

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ORS 659A.192 Leave to attend criminal proceeding; undue hardship on employer; scheduling criminal proceeding. (1) As used in this section, “undue hardship” means a significant difficulty and expense to a business and includes consideration of the size of the covered employer’s business and the covered employer’s critical need for the employee

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ORS 659A.194 Denying leave to employee prohibited. A covered employer who denies leave to an eligible employee or who discharges, threatens to discharge, intimidates or coerces because the employee takes leave to attend a criminal proceeding commits an unlawful employment practice. [2003 c.603 §4; 2011 c.210 §3]

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ORS 659A.196 Notice to employer; records confidential. (1) An eligible employee shall give the covered employer

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ORS 659A.198 Use of paid leave. (1) Except as provided in subsections (2) and (3) of this section, and unless otherwise provided by the terms of an agreement between the eligible employee and the covered employer, a collective bargaining agreement or an employer policy, a covered employer is not required to grant leave with pay under ORS 659A.192 to an eligible employee to attend a criminal proceeding

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ORS 659A.199 Prohibited conduct by employer. (1) It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation

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ORS 659A.200 Definitions for ORS 659A.200 to 659A.224. As used in ORS 659A.200 to 659A.224

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ORS 659A.203 Prohibited conduct by public or nonprofit employer; prohibited conduct by school services employer during public health emergency; remedies. (1) Subject to ORS 659A.206, except as provided in ORS 659A.200 to 659A.224, it is an unlawful employment practice for any public or nonprofit employer to

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ORS 659A.206 Effects of ORS 659A.200 to 659A.224 on employees. ORS 659A.200 to 659A.224 are not intended to

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ORS 659A.209 Effect on public record disclosures. ORS 659A.200 to 659A.224 are not intended to

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ORS 659A.210 Affirmative defense. (1) An employee’s good faith and objectively reasonable belief of a violation of federal, state or local law, rule or regulation by the employer shall be an affirmative defense to a civil or criminal charge related to the disclosure by the employee of lawfully accessed information related to the violation, including information that is exempt from disclosure as provided in ORS 192.338, 192.345 and 192.355 or by employer policy, if the information is provided to

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ORS 659A.212 Policy on cooperation with law enforcement officials; duty to report person subject to warrant for arrest. (1) In order to protect the safety of the citizens of this state, it is the policy of this state that all public employers and their employees cooperate with law enforcement officials in the apprehension of persons subject to a felony or misdemeanor warrant for arrest

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ORS 659A.215 Remedies not exclusive. The remedies provided for violations of ORS 659A.203 and 659A.218 under this chapter are in addition to any appeal proceeding available under ORS 240.560 for a state employee or under any comparable provisions for employees of political subdivisions. [Formerly 659.530]

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ORS 659A.218 Disclosure of employee’s name without consent prohibited. (1) The identity of the employee who discloses any of the following shall not be disclosed by a public employer without the written consent of the employee during any investigation of the information provided by the employee, relating to

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ORS 659A.219 Uniform standards and procedures manual for implementation of Whistleblower Law; requirements. (1) The Bureau of Labor and Industries shall adopt a uniform standards and procedures manual that provides guidelines for implementing ORS 659A.200 to 659A.224

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ORS 659A.220 Bureau of Labor and Industries to collect and compile information relating to disclosures; report to legislature. (1) The Bureau of Labor and Industries, in consultation and cooperation with the agencies described in subsection (2) of this section, shall collect and compile information and data relating to disclosures of information made under ORS 659A.200 to 659A.224. The information and data shall include

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ORS 659A.221 Uniform application to all public employers; optional procedure for disclosures; rules. (1) The Bureau of Labor and Industries by rule shall ensure that the requirements of ORS 659A.200 to 659A.224 are applied uniformly to all public employers. Each public employer may adopt rules, consistent with Bureau of Labor and Industries rules, that apply to that public employer and that also implement ORS 659A.200 to 659A.224

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ORS 659A.224 Short title. ORS 659A.200 to 659A.224 shall be known as the Whistleblower Law. [Formerly 659.545]

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ORS 659A.228 Discrimination for reporting violation of election laws prohibited. (1) In addition to the conduct prohibited in ORS 659A.199, it is an unlawful employment practice for a person to discriminate or retaliate against another person with respect to hire or tenure, compensation or other terms, conditions or privileges of employment for the reason that the person has in good faith reported information that the person believes is evidence of a violation of a state or federal election law, rule or regulation

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ORS 659A.230 Discrimination for initiating or aiding in criminal or civil proceedings prohibited; remedies not exclusive. (1) It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the employee has in good faith reported criminal activity by any person, has in good faith caused a complainant’s information or complaint to be filed against any person, has in good faith cooperated with any law enforcement agency conducting a criminal investigation, has in good faith brought a civil proceeding against an employer or has testified in good faith at a civil proceeding or criminal trial

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ORS 659A.233 Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited. It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the employee has in good faith reported possible violations of ORS chapter 441 or of ORS 443.400 to 443.455 or has testified in good faith at an unemployment compensation hearing or other hearing conducted pursuant to ORS chapter 657. [Formerly 659.035]

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ORS 659A.236 Discrimination for testifying before Legislative Assembly, committee or task force prohibited. It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discriminate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment solely for the reason that the employee has testified before the Legislative Assembly or any of its interim or statutory committees, including advisory committees and subcommittees thereof, or task forces. [Formerly 659.270]

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ORS 659A.250 Definitions for ORS 659A.250 to 659A.262. (1) For purposes of ORS 659A.250 to 659A.262, “access” means ingress to and egress from residential areas which are concentrated in a central location. It shall not include

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ORS 659A.253 Restriction of access to employee housing owned or controlled by employer prohibited; telephone accessibility. (1) Employers shall not restrict access by authorized persons or invited persons to any housing owned, rented or in any manner controlled by the employer where employees are residing. Authorized persons or invited persons must announce their presence on the premises upon request. Authorized persons shall, upon request, provide credentials identifying the person as representing a qualifying agency or organization

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ORS 659A.256 Regulations by employers concerning use and occupancy of employee housing; requirements; notice. Employers may adopt reasonable rules and regulations concerning the use and occupancy of such housing including hours of access which must be posted in a conspicuous place at least three days prior to enforcement. Such rules shall be enforceable as to employees, invited persons and those authorized persons who are not governmental officials or who are not visiting the camp for emergency purposes only if

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ORS 659A.259 Eviction from employee housing or discrimination against employee for reporting violations of ORS 659A.250 to 659A.262 prohibited; enforcement. (1) It is an unlawful employment practice for an employer to expel or evict from housing referred to in ORS 659A.250 to 659A.262 or to discharge, demote, suspend from employment or in any other manner discriminate or retaliate against an employee or any member of the employee’s household for the reason that the employee or any member of the employee’s household has

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ORS 659A.262 Warrant on behalf of person entitled to access to housing; vacation of warrant; rules. (1) In the event that any person claiming to be an authorized or invited person is denied access to housing, the person may apply to any magistrate having jurisdiction to issue warrants, for an order authorizing the person to gain access to the housing

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ORS 659A.270 Definitions for ORS 659A.270 to 659A.285. As used in ORS 659A.270 to 659A.285

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ORS 659A.272 Employer required to provide leave. Except as provided in ORS 659A.275, a covered employer shall allow an eligible employee to take reasonable leave from employment for any of the following purposes

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ORS 659A.275 Undue hardship. (1) As used in this section, “undue hardship” means a significant difficulty and expense to a covered employer’s business and includes consideration of the size of the employer’s business and the employer’s critical need for the eligible employee

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ORS 659A.277 Denying leave to employee prohibited. It is an unlawful employment practice for a covered employer to deny leave to an eligible employee or to discharge, threaten to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee takes leave as provided in ORS 659A.272. [2007 c.180 §5]

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ORS 659A.279 Required posting of summaries of statutes and rules. Every covered employer shall keep summaries of ORS 659A.270 to 659A.285 and summaries of all rules promulgated by the Commissioner of the Bureau of Labor and Industries for the enforcement of ORS 659A.270 to 659A.285 posted in a conspicuous and accessible place in or about the premises where the employees of the covered employer are employed. Employers may obtain the summaries from the website of the Bureau of Labor and Industries or upon request from the bureau, the first copy of which shall be furnished without charge. In addition, upon request, the bureau shall furnish the complete text of all rules promulgated pursuant to ORS 659A.270 to 659A.285 to any employer without charge. [2013 c.321 §2]

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ORS 659A.280 Notice to employer; records confidential. (1) An eligible employee shall give the covered employer reasonable advance notice of the employee’s intention to take leave for the purposes identified in ORS 659A.272, unless giving the advance notice is not feasible

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