2021 Oregon Revised Statutes
Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement
Section 659A.156 - Eligible employees; exceptions; eligibility during public health emergency; restoration of time worked.

(a) An employee who was employed by the covered employer for fewer than 180 days immediately before the date on which the family leave would commence.
(b) An employee who worked an average of fewer than 25 hours per week for the covered employer during the 180 days immediately preceding the date on which the family leave would commence.
(2) All employees of a covered employer are eligible to take leave for the purpose specified in ORS 659A.159 (1)(a) except an employee who was employed by the covered employer for fewer than 180 days immediately before the date on which the family leave would commence.
(3) Notwithstanding subsections (1) and (2) of this section, all employees of a covered employer are eligible to take leave for one of the purposes specified in ORS 659A.159 (1)(a) to (e) during a period of time covered by a public health emergency except:
(a) An employee who worked for the covered employer for fewer than 30 days immediately before the date on which the family leave would commence; or
(b) An employee who worked for the covered employer for an average of fewer than 25 hours per week in the 30 days immediately before the date on which the family leave would commence.
(4)(a) Notwithstanding subsections (1) and (2) of this section, an employee of a covered employer is eligible to take leave for one of the purposes specified in ORS 659A.159 (1)(b) to (e) or for the purpose specified in ORS 659A.159 (1)(a), if the employee:
(A)(i) Separates from employment with the covered employer, irrespective of any reason;
(ii) Is eligible to take leave under subsection (1) or (2) of this section at the time the employee separates; and
(iii) Is reemployed by the covered employer within 180 days of separation from employment; or
(B)(i) Is eligible to take leave under subsection (1) or (2) of this section at the beginning of a temporary cessation of scheduled hours of 180 days or less; and
(ii) Returns to work at the end of the temporary cessation of scheduled hours of 180 days or less.
(b) Any family leave taken by the employee within any one-year period continues to count against the length of time of family leave the employee is entitled under ORS 659A.162.
(c) The amount of time that an employee is deemed to have worked for a covered employer prior to a break in service due to a separation from employment or a temporary cessation of scheduled hours shall be restored to the employee when the employee is reemployed by the employer within 180 days of separation from employment or when the employee returns to work at the end of the temporary cessation of scheduled hours of 180 days or less. [Formerly 659.474; 2013 c.384 §2; 2021 c.182 §2]

Structure 2021 Oregon Revised Statutes