(2) A temporary employee may be given a nonstatus appointment without open competition and consideration only for the purposes enumerated in this section. Temporary appointments shall not be used to defeat the open competition and consideration system.
(3) A temporary employee may not be employed in a permanent, seasonal, intermittent or limited duration position except to replace an employee during an approved leave period.
(4) Employment of a temporary employee for the same workload need, other than for leave, may not exceed six calendar months. The decision to extend the period of employment may be delegated by the Personnel Division of the Oregon Department of Administrative Services to other state agencies. Approval to extend shall be allowed only upon an appointing authority’s finding that the original emergency continues to exist and that there is no other reasonable means to meet the emergency. Agency actions under this subsection are subject to post-audit review by the Oregon Department of Administrative Services as provided in ORS 240.311.
(5) Employment of a temporary employee for different workload needs shall not exceed the equivalent of six calendar months in a 12-month period.
(6) A temporary employee shall not be denied permanent work because of the temporary status. Temporary service shall not be used as any portion of a required trial service period.
(7) The Personnel Division of the Oregon Department of Administrative Services shall report the use of temporary employees, by agency, once every six months, including the duration and reason for use or extensions, if any, of temporary appointments. The reports shall be made available upon request to interested parties, including employee organizations. If any interested party alleges misuse of temporary employees, the division shall investigate, report its findings and take appropriate action.
(8) The Department of Justice may use temporary status appointments for student law clerks for a period not to exceed 24 months.
(9) The chief administrative law judge of the Office of Administrative Hearings may use temporary status appointments for student law clerks for a period not to exceed 24 months. Student law clerks appointed under this subsection may not act as administrative law judges or conduct hearings for the Office of Administrative Hearings.
(10) The Public Utility Commission may use temporary status appointments for student law clerks for a period not to exceed 24 months.
(11) A state agency may use temporary status appointments for a period not to exceed 48 months for student interns who are enrolled in high school or who are under 19 years of age and are training to receive a certificate for passing an approved high school equivalency test such as the General Educational Development (GED) test. Student interns are not eligible for benefits under ORS 243.105 to 243.285. [1985 c.635 §3; 1990 c.3 §1; 1993 c.98 §5; 1993 c.724 §12; 2001 c.312 §1; 2003 c.75 §20; 2009 c.177 §1; 2017 c.66 §14]
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 240 - State Personnel Relations
Section 240.011 - Policy on public service contracts; review.
Section 240.012 - Job sharing; policy statement.
Section 240.015 - Definitions.
Section 240.060 - Employment Relations Board; qualification of members; outside activities.
Section 240.065 - Appointment; terms; vacancies.
Section 240.086 - Duties of board; rules.
Section 240.088 - Review of arbitration awards after written exceptions filed.
Section 240.123 - Board personnel; counsel.
Section 240.131 - Employment Relations Board Administrative Account.
Section 240.145 - Duties of administrator; rules.
Section 240.185 - Maximum number of state employees; applicability; exceptions.
Section 240.190 - Policy on comparability of value of work and compensation and classification.
Section 240.195 - Categories of positions in state service.
Section 240.200 - Exempt service.
Section 240.205 - Unclassified service.
Section 240.215 - Classification plan; job share; career ladder; transfers.
Section 240.217 - Certain reclassifications prohibited.
Section 240.227 - Salary for legislator appointed to exempt, unclassified or management service.
Section 240.235 - Compensation plan for classified service.
Section 240.240 - Application of chapter to unclassified or management service.
Section 240.307 - Procedure for enforcement of ORS 240.309; rules.
Section 240.311 - Delegation of authority and responsibility by division; post-audit review.
Section 240.395 - Suspension of merit system in emergencies; reinstatement.
Section 240.435 - State Management Credentials Program required; purpose.
Section 240.560 - Appeal procedure.
Section 240.710 - Certain acts unlawful.
Section 240.750 - When discipline action not to be retained in personnel file.
Section 240.850 - Policy on work environments; duties of state agencies.