Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 659A.150

Definitions for ORS 659A.150 to 659A.186

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

      (1) “Covered employer” means an employer described in ORS 659A.153.

      (2) “Eligible employee” means any employee of a covered employer other than those employees exempted under the provisions of ORS 659A.156.

      (3) “Family leave” means a leave of absence described in ORS 659A.150 to 659A.186, except that “family leave” does not include leave taken by an eligible employee who is unable to work because of a disabling compensable injury, as defined in ORS 656.005, under ORS chapter 656.

      (4) “Family member” means:

      (a) The spouse of an eligible employee;

      (b) A child of an eligible employee or the child’s spouse or domestic partner;

      (c) A parent of an eligible employee or the parent’s spouse or domestic partner;

      (d) A sibling or stepsibling of an eligible employee or the sibling’s or stepsibling’s spouse or domestic partner;

      (e) A grandparent of an eligible employee or the grandparent’s spouse or domestic partner;

      (f) A grandchild of an eligible employee or the grandchild’s spouse or domestic partner;

      (g) The domestic partner of an eligible employee; or

      (h) Any individual related by blood or affinity whose close association with an eligible employee is the equivalent of a family relationship.

      (5) “Health care provider” means:

      (a) A person who is primarily responsible for providing health care to an eligible employee or a family member of an eligible employee, who is performing within the scope of the person’s professional license or certificate and who is:

      (A) A physician licensed under ORS chapter 677;

      (B) A physician associate licensed under ORS 677.505 to 677.525;

      (C) A dentist licensed under ORS 679.090;

      (D) A psychologist licensed under ORS 675.030;

      (E) An optometrist licensed under ORS 683.070;

      (F) A naturopath licensed under ORS 685.080;

      (G) A registered nurse licensed under ORS 678.050;

      (H) A nurse practitioner licensed under ORS 678.375;

      (I) A direct entry midwife licensed under ORS 687.420;

      (J) A licensed registered nurse licensed by the Oregon State Board of Nursing as a nurse practitioner specializing in nurse midwifery;

      (K) A regulated social worker authorized to practice regulated social work under ORS 675.510 to 675.600; or

      (L) A chiropractic physician licensed under ORS 684.054, but only to the extent the chiropractic physician provides treatment consisting of manual manipulation of the spine to correct a subluxation demonstrated to exist by X-rays.

      (b) A person who is primarily responsible for the treatment of an eligible employee or a family member of an eligible employee solely through spiritual means, including but not limited to a Christian Science practitioner.

      (6) “Public health emergency” means:

      (a) A public health emergency declared under ORS 433.441.

      (b) An emergency declared under ORS 401.165 if related to a public health emergency as defined in ORS 433.442. [Formerly 659.470; 2005 c.171 §1; 2007 c.633 §1; 2007 c.777 §1; 2009 c.442 §43; 2013 c.129 §34; 2014 c.45 §72; 2019 c.233 §3; 2019 c.265 §1; 2019 c.358 §18; 2021 c.182 §1; 2023 c.203 §6; 2024 c.20 §15; 2024 c.73 §114]

Notes of Decisions
Cited in 23 cases (9 in the last 5 years), 2002–2026 · leading case: Yeager v. Providence Health System Oregon
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Yeager v. Providence Health System Oregon (2004) orctapp · cites it 3× “After defendant terminated plaintiffs employment, she initiated this action for violation of the Oregon Family Leave Act, ORS 659A.150 - 659A.186 (OFLA), and for common-law wrongful discharge.”
Burley v. Clackamas Cnty. (2019) orctapp · cites it 2× “153 (identifying "covered employer[s]" for purposes of ORS 659A.150 to 659A.186 ); ORS 659A.190(1) (identifying "covered employer[s]" for purposes of ORS 659A.”
Larmanger v. Kaiser Foundation Health Plan (2012) ord · cites it 2× “030; OFLA ORS 659A.150 et seq., including ORS 659A.”
Markstrom v. Guard Publishing Co. (2021) orctapp · cites it 2× “The trial court found that plaintiff had destroyed evidence before she had initi- ated the litigation and dismissed plaintiff’s claims as a sanction for spoliation of evidence, believing that it had authority to impose that sanction under ORS 1.”
Shepard v. City of Portland (2011) ord “§ 659A.150 et seq. As discussed in section I(B)(i), to state a prima facie interference claim under the FMLA or OFLA, a plaintiff must prove that: 1) he took protected leave; 2) he was subjected to an adverse employment action; and 3) taking the leave was a “negative factor” in…”
Larmanger v. Kaiser Foundation Health Plan (2011) ord · cites it 2× “; (2) violation of the Oregon Family Leave Act (OFLA), Or.Rev.Stat. § 659A.150, et seq.; (3) disability discrimination in violation of Or.”
Petock v. Asante (2011) or “” After she was removed from light-duty work, plaintiff requested a medical leave of absence under the Family and Medical Leave Act, 29 USC §§ 2601 to 2654, and the Oregon Family Leave Act, ORS 659A.150 to 659A.186. Defendant granted her request.”
Benz v. WEST LINN PAPER COMPANY (2011) ord “145 (disability discrimination) and ORS 659A.150 to 659A.186 (OFLA)). Only the FMLA claim provides a longer statute of limitations of two years.”
Baumgarner v. Community Services Inc. (2014) ord “OFLA refers to the Oregon Family Leave Act, Oregon Revised Statute § 659A.150. FMLA refers to the Family Medical Leave Act, 29 U.”
Smith v. Women's Healthcare Associates, LLC (2011) ord “§ 659A.150(4); 29 U.S.C. § 2601 et seq. Accordingly, WHA granted Ms.”
Stillwell v. Old Dominion Freight Line, Inc. (2021) ord · cites it 6× “2 The 1 The OFLA provides: “It is an unlawful practice for a covered employer to: (1) Deny family leave to which an eligible employee is entitled under ORS § 659A.150 to 659A.186; or (2) Retaliate or in any way discriminate against an individual with respect to hire or tenure or…”
Hanson v. State of Oregon, Legislative Assembly (2023) ord · cites it 3× “OFLA provides: It is an unlawful practice for a covered employer to: (1) Deny family leave to which an eligible employee is entitled under ORS 659A.150 to 659A.186; or (2) Retaliate or in any way discriminate against an individual with respect to hire or tenure or any other term…”
Show all 23 citing cases →
— Or. Rev. Stat. § 659A.150(1) — 1 case
Burley v. Clackamas Cnty. (2019) orctapp “153 (identifying "covered employer[s]" for purposes of ORS 659A.150 to 659A.186 ); ORS 659A.190(1) (identifying "covered employer[s]" for purposes of ORS 659A.”
— Or. Rev. Stat. § 659A.150(4) — 1 case
Smith v. Women's Healthcare Associates, LLC (2011) ord “§ 659A.150(4); 29 U.S.C. § 2601 et seq. Accordingly, WHA granted Ms.”
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