Oregon Statutes 659A.312 – Leave of absence to donate bone marrow; verification by employer
(1) It is an unlawful employment practice for an employer to deny to grant already accrued paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. The total length of the leaves shall be determined by the employee, but shall not exceed the amount of already accrued paid leave or 40 work hours, whichever is less, unless agreed to by the employer.
Terms Used In Oregon Statutes 659A.312
- Donor: The person who makes a gift.
- Employer: means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed. See Oregon Statutes 659A.001
- Unlawful employment practice: includes a practice that is specifically denominated in another statute of this state as an unlawful employment practice and that is specifically made subject to enforcement under this chapter. See Oregon Statutes 659A.001
(2) The employer may require verification by a physician or naturopathic physician of the purpose and length of each leave requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence used by the employee prior to that medical determination is not affected.
(3) An employer shall not retaliate against an employee for requesting or using accrued paid leave of absence as provided by this section.
(4) This section does not:
(a) Prevent an employer from providing leave for bone marrow donations in addition to leave required under this section.
(b) Affect an employee’s rights with respect to any other employment benefit.
(5) This section applies only to employees who work an average of 20 or more hours per week. [Formerly 659.358; 2017 c.356 § 82]