Or. Admin. R. 839-009-0430
Current through Register Vol. 63, No. 8, August 1, 2024
Section 839-009-0430 - OMFLA: Notice by Employee(1) An eligible employee seeking Oregon Military Family Leave must provide the employer with notice of the intention to take leave within five business days of receiving official notice of an impending call or order to active duty or of a leave from deployment, or as soon as is practicable when official notice is provided fewer than five days before commencement of the leave.(2) The active duty orders of a covered military member will generally specify if the service member is serving in support of a period of military conflict by citation to the relevant section of Title 10 of the United States Code and/or by reference to the specific name of the military conflict (see OAR 839-009-0380(7)).(3) An eligible employee's notice of intention to take OMFLA leave must follow the covered employer's known, customary, and uniformly applied procedures for requesting any kind of leave. A covered employer may provide an OMFLA leave request form. An example is found at Appendix A of this rule.(a) The covered employer may require in writing that the eligible employee provide a photocopy of the service member's orders to verify that the leave is for the purpose defined in OAR 839-009-0380(7).(b) The eligible employee will provide any required photocopy of the service member's orders within a reasonable time after receiving the covered employer's written request.(c) The covered employer may provisionally designate an absence as OMFLA leave until any requested photocopy of the service member's orders is received. Appendix A Attached.
Or. Admin. R. 839-009-0430
BLI 10-2010, f. & cert. ef. 2-24-10; BLI 16-2013, f. & cert. ef. 12-31-13; BLI 5-2015, f. & cert. ef. 5/18/2015; BLI 5-2019, minor correction filed 04/05/2019, effective 4/5/2019Statutory/Other Authority: ORS 659A.093(6)
Statutes/Other Implemented: ORS 659A.090 - 659A.099