Bill Text: OR HB3122 | 2011 | Regular Session | Introduced

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Bill Title: Relating to family leave.

Spectrum: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3122 Detail]

Download: Oregon-2011-HB3122-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1914

                         House Bill 3122

Sponsored by COMMITTEE ON BUSINESS AND LABOR (at the request of
  Associated Oregon Industries)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Establishes that employee who returns to work after taking
family leave is entitled to be restored to available equivalent
position instead of being restored to same position of employment
held by employee before taking leave.

                        A BILL FOR AN ACT
Relating to family leave; creating new provisions; and amending
  ORS 659A.171.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 659A.171 is amended to read:
  659A.171. (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
employee may be offered an equivalent position at a job site
located within 20 miles of the job site of the employee's former
position.
  (2) Except for employee benefits used during the period of
leave, the taking of family leave under ORS 659A.150 to 659A.186
shall not result in the loss of any employment benefit accrued
before the date on which the leave commenced.
  (3) This section does not entitle any employee to:
  (a) Any accrual of seniority or employment benefits during a
period of family leave; or
  (b) Any right, benefit or position of employment other than the
rights, benefits and position that the employee would have been
entitled to had the employee not taken the family leave.
  (4)(a) Before restoring an employee to a position under
subsection (1) of this section, an employer may require that the
employee receive certification from the employee's health care
provider that the employee is able to resume work. Certification

under this subsection may only be required pursuant to a
uniformly applied practice or policy of the employer.
  (b) This subsection does not affect the ability of an employer
to require an employee during a period of family leave to report
periodically to the employer on the employee's status and on the
employee's intention to return to work.
  (5) Benefits are not required to continue to accrue during a
family leave unless continuation or accrual is required under an
agreement of the employer and the employee, a collective
bargaining agreement or an employer policy. Notwithstanding ORS
652.610 (3), if the employer is required or elects to pay any
part of the costs of providing health, disability, life or other
insurance coverage for an employee during the period of family
leave that should have been paid by the employee, the employer
may deduct from the employee's pay such amounts upon the
employee's return to work until the amount the employer advanced
toward the payments is paid. In no event may the total amount
deducted for insurance under the provisions of this subsection
exceed 10 percent of the employee's gross pay each pay period.
  (6) Notwithstanding ORS 652.610 (3), if the employer pays any
part of the costs of health, disability, life or other insurance
coverage for an employee under the provisions of subsection (5)
of this section, and the employee does not return to employment
with the employer after taking family leave, the employer may
deduct amounts paid by the employer from any amounts owed by the
employer to the employee, or may seek to recover those amounts by
any other legal means, unless the employee fails to return to
work because of:
  (a) A continuation, reoccurrence or onset of a serious health
condition that would entitle the employee to leave for one of the
purposes specified by ORS 659A.159 (1)(b) or (c); or
  (b) Other circumstances beyond the control of the employee.
  SECTION 2.  { + The amendments to ORS 659A.171 by section 1 of
this 2011 Act apply only to persons commencing a period of family
leave under the provisions of ORS 659A.150 to 659A.186 on or
after the effective date of this 2011 Act. + }
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