Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 659A.156

Eligible employees; exceptions; eligibility during public health emergency; restoration of time worked

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      659A.156 Eligible employees; exceptions; eligibility during public health emergency; restoration of time worked. (1) All employees of a covered employer are eligible to take leave for any of the purposes specified in ORS 659A.150 to 659A.186 except:

      (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 unless the employee is based in Oregon and subject to federal regulations under 29 C.F.R. part 825, subpart H, as in effect on January 1, 2025, and meets the hours of service requirement described in 29 C.F.R. 825.801 of those regulations.

      (2) Notwithstanding subsection (1) of this section, all employees of a covered employer are eligible to take leave for any of the purposes specified in ORS 659A.150 to 659A.186 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.

      (3)(a) Notwithstanding subsection (1) of this section, an employee of a covered employer is eligible to take leave for any of the purposes specified in ORS 659A.150 to 659A.186 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) 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) 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; 2023 c.9 §48; 2024 c.20 §16; 2025 c.85 §10]

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2004–2023 · leading case: Yeager v. Providence Health System Oregon
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Yeager v. Providence Health System Oregon (2004) orctapp · cites it 2× “See ORS 659A.156(l)(a) (“All employees of a covered employer are eligible to take leave for one of the purposes specified in ORS 659A.”
Orozco v. Lamb Weston, Inc. (2020) ord · cites it 2× “” ORS 659A.156(1)(a); OAR 839-009-0210(6)(b) (“For purposes of taking all other types of OFLA leave, including pregnancy disability leave, an employee must have worked for a covered employer for an average of at least 25 hours per week during the 180 calendar days immediately…”
Hanson v. State of Oregon, Legislative Assembly (2023) ord · cites it 2× “ORS § 659A.156(1)(a); Yeager v. Providence Health Sys.”
— Or. Rev. Stat. § 659A.156(1)(a) — 2 cases
Orozco v. Lamb Weston, Inc. (2020) ord “” ORS 659A.156(1)(a); OAR 839-009-0210(6)(b) (“For purposes of taking all other types of OFLA leave, including pregnancy disability leave, an employee must have worked for a covered employer for an average of at least 25 hours per week during the 180 calendar days immediately…”
Hanson v. State of Oregon, Legislative Assembly (2023) ord “ORS § 659A.156(1)(a); Yeager v. Providence Health Sys.”
— Or. Rev. Stat. § 659A.156(l)(a) — 1 case
Yeager v. Providence Health System Oregon (2004) orctapp “See ORS 659A.156(l)(a) (“All employees of a covered employer are eligible to take leave for one of the purposes specified in ORS 659A.”
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