OAR 839-009-0320
OFLA: Enforcement and Retaliation

(1)

An employer’s duties and obligations under OFLA extend to a successor employer as defined in FMLA, 29 CFR 825.107.

(2)

In accordance with the provisions of OFLA an eligible employee claiming a violation of the OFLA may file a complaint with the Civil Rights Division of the Bureau of Labor and Industries in the manner provided by ORS 659A.820 (Complaints).

(3)

Pursuant to ORS 659A.183 (Denying family leave to eligible employee prohibited), it is an unlawful employment practice for an employer to deny family leave to an eligible employee or retaliate or in any way discriminate against any person with respect to hiring, tenure or any other term or condition of employment because the person has inquired about OFLA leave, submitted a request for OFLA leave or invoked any provision of the Oregon Family Leave Act.

(4)

It is an unlawful employment practice for an employer to count OFLA leave against an employee in determining the employee’s compliance with attendance policies or to count OFLA leave against an employee when determining eligibility for bonuses based on attendance. An employee is entitled to continue eligibility for a bonus based on attendance upon return from OFLA leave and may not be disqualified from the bonus as a result of taking OFLA leave.

(5)

Pursuant to ORS 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, national origin, marital status, age or expunged juvenile record prohibited)(1)(f), it is an unlawful employment practice for an employer to discharge, expel or otherwise discriminate against any person because the person has filed a complaint, testified or assisted in any proceeding in connection with the Oregon Family Leave Act.

(6)

Pursuant to ORS 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, national origin, marital status, age or expunged juvenile record prohibited)(1)(g), it is an unlawful employment practice for any person, whether an employer or an employee, to aid, abet, incite, compel or coerce the doing of any of the acts in violation of the Oregon Family Leave Act or to attempt to do so.

Source: Rule 839-009-0320 — OFLA: Enforcement and Retaliation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-009-0320.

839‑009‑0200
Oregon Family Leave Act (OFLA): Purpose and Scope 839‑009‑0210
OFLA: Definitions 839‑009‑0220
OFLA: Relationship to FMLA 839‑009‑0230
OFLA: Purposes for Taking Leave 839‑009‑0240
OFLA: Length of Leave and Other Conditions of OFLA Leave 839‑009‑0245
OFLA: Intermittent Leave and Alternate Duty 839‑009‑0250
OFLA: Notice by Employee 839‑009‑0260
OFLA: Medical Verification and Scheduling of Treatment 839‑009‑0265
OFLA: Medical Verification in Languages Other than English 839‑009‑0270
OFLA: Job Protection 839‑009‑0280
OFLA: Use of Paid Leave 839‑009‑0290
OFLA: Special Rules for Public School Teachers 839‑009‑0300
OFLA: Postings 839‑009‑0320
OFLA: Enforcement and Retaliation 839‑009‑0325
Leave for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Purpose and Scope 839‑009‑0330
Unlawful Practice under ORS 659A.270 to 659A.290 839‑009‑0340
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Definitions under ORS 659A.270 to 659A.290 839‑009‑0345
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Purposes for Taking Leave under ORS 659A.270 to 659A.285 839‑009‑0350
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Length of Leave and Other Conditions 839‑009‑0355
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Undue Hardship under ORS 659A.270 to 659A.285 839‑009‑0360
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Intermittent Leave and Alternate Duty 839‑009‑0362
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Notice by Employee under ORS 659A.270 to 659A.285 839‑009‑0363
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Use of Paid Leave under ORS 659A.270 to 659A.285 839‑009‑0365
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Enforcement and Denial of leave under ORS 659A.270 to 659A.285 839‑009‑0370
Oregon Military Family Leave Act (OMFLA): Purpose and Scope 839‑009‑0380
OMFLA: Definitions 839‑009‑0390
OMFLA: Length of Leave 839‑009‑0400
OMFLA: Prohibited Discrimination 839‑009‑0410
OMFLA: Relationship to OFLA 839‑009‑0420
OMFLA: Relationship to FMLA 839‑009‑0430
OMFLA: Notice by Employee 839‑009‑0440
OMFLA: Use of Paid Leave 839‑009‑0450
OMFLA: Job Protection 839‑009‑0460
OMFLA: Enforcement and Retaliation
Last Updated

Jun. 8, 2021

Rule 839-009-0320’s source at or​.us