Bill Text: OR HB3390 | 2013 | Regular Session | Introduced

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Bill Title: Relating to paid leave.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3390 Detail]

Download: Oregon-2013-HB3390-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2370

                         House Bill 3390

Sponsored by Representative DEMBROW, Senator ROSENBAUM,
  Representative KENY-GUYER, Senator STEINER HAYWARD

                             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.

  Requires covered employer to implement paid sick leave for
eligible employees. Creates exception. Specifies purposes for
which leave may be taken and rate at which leave accrues.
Requires advance notice and authorization of leave under certain
circumstances. Prohibits discrimination against employee for
inquiring about or using paid leave. Makes violation unlawful
practice subject to jurisdiction of Bureau of Labor and
Industries. Authorizes civil action for violation.

                        A BILL FOR AN ACT
Relating to paid leave; creating new provisions; and amending ORS
  659A.885.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 9 of this 2013 Act:
  (1) 'Covered employer' means an employer who employs six or
more employees in this state for each working day during each of
20 or more calendar workweeks in the year in which the sick leave
is to be taken or in the year immediately preceding the year in
which the sick leave is to be taken.
  (2) 'Eligible employee' means an employee of a covered
employer, except as provided in section 3 of this 2013 Act.
  (3) 'Family member' means the spouse of an employee, a
biological, adoptive or foster parent or child of the employee, a
parent-in-law of the employee, a grandparent or grandchild of the
employee or an individual with whom the employee was or is in a
relationship of in loco parentis.
  (4) 'Sick leave' means an absence from work with a covered
employer for a reason authorized under section 4 of this 2013
Act. + }
  SECTION 2.  { + (1) A covered employer shall implement a sick
leave policy that allows an eligible employee to earn and accrue
at least seven days of paid sick leave per year. Paid sick leave
shall accrue at the rate of one hour of paid sick leave for every
30 hours worked. Part-time employees shall earn and accrue paid
sick leave on a prorated basis.
  (2) An eligible employee shall begin to earn and accrue paid
sick leave on the first day of employment with a covered
employer.  Unused paid sick leave shall be carried over from one
calendar year to a subsequent calendar year. However, a covered
employer may adopt a policy that:
  (a) Allows an eligible employee to accrue no more than seven
paid sick leave days in a calendar year; or
  (b) Limits the use of paid sick leave by an eligible employee
to no more than seven days in a calendar year.
  (3) The requirements of subsection (1) of this section do not
apply to a covered employer who:
  (a) Offers to an eligible employee a nondiscriminatory
cafeteria plan, as defined by section 125 of the Internal Revenue
Code of 1986, providing, as one of its options, employee leave at
least as generous as the leave required by ORS 659A.150 to
659A.186; or
  (b) Has a sick leave policy in effect that provides eligible
employees with paid sick leave benefits that equal or exceed the
paid sick leave required by this section. + }
  SECTION 3.  { + All employees of a covered employer are
eligible to take paid sick leave for the purposes specified in
section 4 of this 2013 Act except employees who were employed by
the covered employer for fewer than 90 days immediately before
the date on which the sick leave would commence. + }
  SECTION 4.  { + Paid sick leave required under section 2 of
this 2013 Act may be taken by an eligible employee:
  (1) To recover from or seek treatment for an illness or injury
of the employee;
  (2) 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;
  (3) To care for a family member with a serious illness or
injury;
  (4) To care for a child of the employee who is suffering from
an illness, injury or condition that is not a serious health
condition as defined in ORS 659A.150 but that requires home care;
or
  (5) For a purpose specified in ORS 659A.272. + }
  SECTION 5.  { + (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 seven days before
commencing paid sick leave. The employer may require the employee
to include in the notice an explanation of the need for and
anticipated length of the sick leave.
  (2) An eligible employee may commence taking paid sick leave
without prior notice to the covered employer under the following
circumstances:
  (a) An illness, an injury or an unexpected serious health
condition, as defined in ORS 659A.150, of the employee or a
family member of the employee; or
  (b) A premature birth, unexpected adoption or unexpected foster
placement.
  (3) If an eligible employee commences paid sick leave without
prior notice under subsection (2) of this section, the employee
must give oral notice to the covered employer within 24 hours
after commencement of the sick leave, and must provide written
notice, if required by the employer under subsection (1) of this
section, within three days after the employee returns to work.
The oral notice required by this subsection may be given by any
other individual on behalf of the employee taking the sick leave.
  (4) An eligible employee must attempt to schedule paid sick
leave in a manner that provides minimal disruption to the
operations of the covered employer. + }
  SECTION 6.  { + (1) If an eligible employee takes more than
three days of sick leave for a purpose described in section 4 of
this 2013 Act, a covered employer may require the employee to
provide medical verification from a health care provider of the
need for the sick leave. If an eligible employee is required to
give notice under section 5 of this 2013 Act, the employer may
require that medical verification be provided by the employee
before the sick leave commences. If the employee commences paid
sick leave without providing prior notice required by the covered
employer under section 5 of this 2013 Act, medical verification
must be provided by the employee within 15 days after the
employer requests the medical verification.
  (2) As used in this section, 'health care provider' has the
meaning given that term in ORS 659A.150. + }
  SECTION 7.  { + (1) A covered employer shall maintain records
of the hours worked and the paid sick leave accrued and used by
each employee.
  (2) Records required to be maintained under this section shall
be available for inspection by the Commissioner of the Bureau of
Labor and Industries upon request. A covered employer may not
unreasonably delay or refuse to allow the commissioner to review
the records required to be maintained under this section.
  (3) Records required under this section shall be maintained for
three years from the date paid sick leave accrues.
  (4) Health records related to paid sick leave that is provided
in accordance with sections 1 to 9 of this 2013 Act are
confidential and shall be maintained separately from other
employment records.
  (5) A covered employer shall post a summary of the provisions
of sections 1 to 9 of this 2013 Act in a conspicuous and
accessible place in or about the premises where employees are
employed. Employers shall be provided copies of the required
summaries by the commissioner without charge. + }
  SECTION 8.  { + Sections 1 to 9 of this 2013 Act do not limit
any right of an eligible employee to paid sick leave to which the
employee may be entitled under an agreement between a covered
employer and the employee, a collective bargaining agreement or a
policy of the employer. + }
  SECTION 9.  { + It is an unlawful practice for a covered
employer to:
  (1) Deny paid sick leave to which an eligible employee is
entitled under sections 1 to 9 of this 2013 Act; or
  (2) Retaliate or in any way discriminate against an employee
with respect to any term or condition of employment because the
employee has inquired about the provisions of sections 1 to 9 of
this 2013 Act, submitted a request for paid sick leave or invoked
any provision of sections 1 to 9 of this 2013 Act. + }
  SECTION 10. ORS 659A.885 is amended to read:
  659A.885. (1) Any person claiming to be aggrieved by an
unlawful practice specified in subsection (2) of this section may
file a civil action in circuit court. In any action under this
subsection, the court may order injunctive relief and any other
equitable relief that may be appropriate, including but not
limited to reinstatement or the hiring of employees with or
without back pay. A court may order back pay in an action under
this subsection only for the two-year period immediately
preceding the filing of a complaint under ORS 659A.820 with the
Commissioner of the Bureau of Labor and Industries, or if a
complaint was not filed before the action was commenced, the
two-year period immediately preceding the filing of the action.
In any action under this subsection, the court may allow the
prevailing party costs and reasonable attorney fees at trial and
on appeal. Except as provided in subsection (3) of this section:
  (a) The judge shall determine the facts in an action under this
subsection; and
  (b) Upon any appeal of a judgment in an action under this
subsection, the appellate court shall review the judgment
pursuant to the standard established by ORS 19.415 (3).
  (2) An action may be brought under subsection (1) of this
section alleging a violation of ORS 10.090, 10.092, 25.337,
25.424, 171.120, 408.230, 408.237 (2), 476.574, 652.355, 653.060,
659A.030, 659A.040, 659A.043, 659A.046, 659A.063, 659A.069,
659A.082, 659A.088, 659A.103 to 659A.145, 659A.150 to 659A.186,
659A.194, 659A.199, 659A.203, 659A.218, 659A.230, 659A.233,
659A.236, 659A.250 to 659A.262, 659A.277, 659A.290, 659A.300,
659A.306, 659A.309, 659A.315, 659A.318, 659A.320 or 659A.421 { +
or sections 1 to 9 of this 2013 Act + }.
  (3) In any action under subsection (1) of this section alleging
a violation of ORS 25.337, 25.424, 659A.030, 659A.040, 659A.043,
659A.046, 659A.069, 659A.082, 659A.103 to 659A.145, 659A.199,
659A.230, 659A.250 to 659A.262, 659A.290, 659A.318 or 659A.421:
  (a) The court may award, in addition to the relief authorized
under subsection (1) of this section, compensatory damages or
$200, whichever is greater, and punitive damages;
  (b) At the request of any party, the action shall be tried to a
jury;
  (c) Upon appeal of any judgment finding a violation, the
appellate court shall review the judgment pursuant to the
standard established by ORS 19.415 (1); and
  (d) Any attorney fee agreement shall be subject to approval by
the court.
  (4) In any action under subsection (1) of this section alleging
a violation of ORS 652.355 or 653.060, the court may award, in
addition to the relief authorized under subsection (1) of this
section, compensatory damages or $200, whichever is greater.
  (5) In any action under subsection (1) of this section alleging
a violation of ORS 171.120, 476.574, 659A.203 or 659A.218, the
court may award, in addition to the relief authorized under
subsection (1) of this section, compensatory damages or $250,
whichever is greater.
  (6) In any action under subsection (1) of this section alleging
a violation of ORS 10.090 or 10.092, the court may award, in
addition to the relief authorized under subsection (1) of this
section, a civil penalty in the amount of $720.
  (7) Any individual against whom any distinction, discrimination
or restriction on account of race, color, religion, sex, sexual
orientation, national origin, marital status or age, if the
individual is 18 years of age or older, has been made by any
place of public accommodation, as defined in ORS 659A.400, by any
employee or person acting on behalf of the place or by any person
aiding or abetting the place or person in violation of ORS
659A.406 may bring an action against the operator or manager of
the place, the employee or person acting on behalf of the place
or the aider or abettor of the place or person. Notwithstanding
subsection (1) of this section, in an action under this
subsection:
  (a) The court may award, in addition to the relief authorized
under subsection (1) of this section, compensatory and punitive
damages;
  (b) The operator or manager of the place of public
accommodation, the employee or person acting on behalf of the
place, and any aider or abettor shall be jointly and severally
liable for all damages awarded in the action;
  (c) At the request of any party, the action shall be tried to a
jury;
  (d) The court shall award reasonable attorney fees to a
prevailing plaintiff;
  (e) The court may award reasonable attorney fees and expert
witness fees incurred by a defendant who prevails only if the
court determines that the plaintiff had no objectively reasonable
basis for asserting a claim or no reasonable basis for appealing
an adverse decision of a trial court; and
  (f) Upon any appeal of a judgment under this subsection, the
appellate court shall review the judgment pursuant to the
standard established by ORS 19.415 (1).
  (8) When the commissioner or the Attorney General has
reasonable cause to believe that a person or group of persons is
engaged in a pattern or practice of resistance to the rights
protected by ORS 659A.145 or 659A.421 or federal housing law, or
that a group of persons has been denied any of the rights
protected by ORS 659A.145 or 659A.421 or federal housing law, the
commissioner or the Attorney General may file a civil action on
behalf of the aggrieved persons in the same manner as a person or
group of persons may file a civil action under this section. In a
civil action filed under this subsection, the court may assess
against the respondent, in addition to the relief authorized
under subsections (1) and (3) of this section, a civil penalty:
  (a) In an amount not exceeding $50,000 for a first violation;
and
  (b) In an amount not exceeding $100,000 for any subsequent
violation.
  (9) In any action under subsection (1) of this section alleging
a violation of ORS 659A.145 or 659A.421 or alleging
discrimination under federal housing law, when the commissioner
is pursuing the action on behalf of an aggrieved complainant, the
court shall award reasonable attorney fees to the commissioner if
the commissioner prevails in the action. The court may award
reasonable attorney fees and expert witness fees incurred by a
defendant that prevails in the action if the court determines
that the commissioner had no objectively reasonable basis for
asserting the claim or for appealing an adverse decision of the
trial court.
  (10) In an action under subsection (1) or (8) of this section
alleging a violation of ORS 659A.145 or 659A.421 or
discrimination under federal housing law:
  (a) 'Aggrieved person' includes a person who believes that the
person:
  (A) Has been injured by an unlawful practice or discriminatory
housing practice; or
  (B) Will be injured by an unlawful practice or discriminatory
housing practice that is about to occur.
  (b) An aggrieved person in regard to issues to be determined in
an action may intervene as of right in the action. The Attorney
General may intervene in the action if the Attorney General
certifies that the case is of general public importance. The
court may allow an intervenor prevailing party costs and
reasonable attorney fees at trial and on appeal.
  SECTION 11.  { + Sections 1 to 9 of this 2013 Act are added to
and made a part of ORS chapter 659A. + }
  SECTION 12.  { + Sections 1 to 9 of this 2013 Act and the
amendments to ORS 659A.885 by section 10 of this 2013 Act apply
to requests for paid sick leave made on or after January 1,
2014. + }
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