Or. Admin. Code § 839-009-0340
Current through Register Vol. 63, No. 11, November 1, 2024
Section 839-009-0340 - Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Definitions under ORS 659A.270 to 659A.290(1) "Covered employer" means an employer who employs 6 or more individuals in the state of Oregon for each working day during each of 20 or more calendar workweeks in the year in which an eligible employee takes leave under ORS 659A.270 to 659A.285 for victims of domestic violence, harassment, sexual assault or stalking or in the year immediately preceding the year in which an eligible employee takes the leave.(2) "Eligible employee" means an employee who is employed in the state of Oregon on the date leave begins under ORS 659A.270 to 659A.285 for victims of domestic violence, harassment, sexual assault or stalking and is a victim of domestic violence, harassment, sexual assault or stalking or is the parent or guardian of a minor child or dependent who is the victim of domestic violence, harassment, sexual assault or stalking.(3) "Dependent" includes an adult dependent child substantially limited by a physical or mental impairment as defined by ORS 659A.104(1)(a), (3), and (4) or any adult over whom the employee has guardianship.(4) "Immediate family" of a "victim" as defined in this section includes the victim's spouse as defined in OAR 839-009-0210(23); domestic partner; custodial parent; non-custodial parent; adoptive parent; foster parent; biological parent; step parent; parent-in-law; parent of domestic partner; sibling; child; stepchild; grandparent; grandchild; a person with whom the victim of domestic violence, harassment, sexual assault or stalking is or was in a relationship of in loco parentis; or any person who had the same primary residence as the victim at the time of the domestic violence, harassment, sexual assault or stalking.(5) "In loco parentis" means in the place of a parent, having financial or day-to-day responsibility for the care of a child. A legal or biological relationship is not required.(6) "Minor child" for purposes of OAR 839-009-0325 -.0365 and ORS 659A.270-.285 has the same meaning as "child" as defined in OAR 839-009-0210(2) for purposes of parental and sick child leave.(7) "Parent or guardian" for purposes of an employee taking leave for a minor child or dependent who is a victim of domestic violence, harassment, sexual assault or stalking means a custodial parent, non-custodial parent, step parent, adoptive parent, foster parent, biological parent, same-gender domestic partner of a parent or an employee who is or was in relationship of in loco parentis with a minor child or a dependent.(8) "Victim of domestic violence" means an individual who has been threatened with abuse or who is a victim of abuse as defined in ORS 107.705.(9) "Victim of harassment" means an individual against whom harassment has been committed as described in Oregon's criminal code at ORS 166.065.(10) "Victim services provider" means a prosecutor-based victim assistance program or a nonprofit program offering safety planning, counseling, support or advocacy related to domestic violence, harassment, sexual assault or stalking.(11) "Victim of sexual assault" means an individual against whom a sexual offense has been threatened or committed as described in ORS 163.305 to 163.467 or 163.525(12) "Victim of stalking" means: (a) An individual against whom stalking has been threatened or committed as described in ORS 163.732; or(b) An individual who has obtained a temporary or permanent court's stalking protective under ORS 30.866.(13) "Victim" includes any other person who has suffered financial, social, psychological or physical harm as a result of domestic violence, harassment, sexual assault or stalking committed against a victim as defined in subsections (8), (9), (11), and (12), including a member of the victim's immediate family as defined in this rule.(14) In no event will an alleged perpetrator of domestic violence, harassment, sexual assault, or stalking be considered a victim for the purposes of these rules.Or. Admin. Code § 839-009-0340
BLI 32-2007, f. 12-27-07, cert. ef. 1-1-08; BLI 10-2010, f. & cert. ef. 2-24-10; BLI 8-2011, f. 10-13-11, cert. ef. 10-14-11; BLI 14-2011, f. 12-30-11, cert. ef. 1-1-12; BLI 3-2012, f. & cert. ef. 2-8-12; Reverted to BLI 16-2013, f. & cert. ef. 12-31-13; BLI 5-2015, f. & cert. ef. 5/18/2015; BLI 8-2015, f. & cert. ef. 6/24/2015; BLI 12-2022, minor correction filed 09/20/2022, effective 9/20/2022Statutory/Other Authority: ORS 659A.805
Statutes/Other Implemented: ORS 659A.270 - 659A.285