ORS 171.122
Rights and benefits of legislators and prospective legislators in relation to their regular employment


(1)

Any member or prospective member of the Legislative Assembly who leaves regular employment in order to attend upon any regular or special session of the Legislative Assembly or to perform official duties as a member or prospective member of the Legislative Assembly for which the member or prospective member may receive a per diem under ORS 171.072 (Salary of members and presiding officers) or may receive reimbursements for out-of-state travel, shall be granted a leave of absence from such regular employment position for such period of time as is reasonably necessary to permit such attendance or performance of duties.

(2)

A member or prospective member of the Legislative Assembly shall give notice to the employer when the leave of absence described in subsection (1) of this section is anticipated or is to be taken:

(a)

At least 30 days before a regular session; and

(b)

As soon as it is reasonably apparent that a special or emergency session is to be called.

(3)

The regular employment position of a member or prospective member on leave of absence under this section shall only be deemed vacant for the period of such leave of absence, and the member or prospective member shall not be subject to removal or discharge from such position as a consequence of such leave of absence.

(4)

Upon the termination of the leave of absence of the member or prospective member under this section, a member or prospective member shall be restored to the regular employment position the member or prospective member held immediately prior to the first day of the leave of absence if such position still exists, or, if such position does not still exist, to as similar a position as possible, without loss of seniority, the right to participate in insurance or any other employment benefits, other than wages for services not rendered during the leave of absence, as a consequence of the leave of absence of the member or prospective member. Such seniority, right to participate in insurance or other employment benefits shall continue to accumulate during the leave of absence as though the member or prospective member had continued in employment continuously in the regular employment position the member or prospective member held immediately prior to the first day of the leave of absence of the member or prospective member.

(5)

This section is not applicable if:

(a)

The member or prospective member was employed by the employer for a period of less than 90 days immediately prior to the first day of the leave of absence.

(b)

The circumstances of the employer have so changed during the leave of absence of the member or prospective member as to make restoration of the member or prospective member to employment impossible or unreasonable.

(c)

The member or prospective member fails to apply for restoration to employment within:

(A)

Fifteen days after adjournment sine die of the Legislative Assembly following a regular session; or

(B)

If the leave was for a lesser period for another legislative assignment, five days after the assignment is completed.

(d)

The regular employment position of the member or prospective member immediately prior to the first day of the leave of absence or the character, terms, conditions or activities of such position are incompatible under the Constitution and laws of this state with the office of member of the Legislative Assembly.

(e)

Employment is on a temporary basis.

(f)

The employer employs fewer than 10 persons immediately prior to the first day of the leave of absence.

(6)

As used in this section, “prospective member” means a person who is certified or appointed to serve in the Legislative Assembly but who has not taken the oath of office. [1957 c.549 §2; 1989 c.1066 §1; 1991 c.454 §2]

Source: Section 171.122 — Rights and benefits of legislators and prospective legislators in relation to their regular employment, https://www.­oregonlegislature.­gov/bills_laws/ors/ors171.­html.

171.010
Time and place of holding regular legislative sessions
171.015
Emergency legislative sessions
171.022
Effective date for Act of Legislative Assembly
171.023
When member-elect may resign
171.051
Filling vacancies in Legislative Assembly
171.060
Procedure for filling vacancy by appointment
171.062
Filling vacancies in multicounty legislative districts
171.064
Apportioning votes for filling vacancies in multicounty legislative districts
171.068
Procedure when vacancy filled after reapportionment
171.072
Salary of members and presiding officers
171.113
Use of state provided telephones
171.115
Revolving fund
171.117
Lounge Revolving Account
171.120
Purpose of ORS 171.120 to 171.125
171.122
Rights and benefits of legislators and prospective legislators in relation to their regular employment
171.125
Proceeding to require compliance with ORS 171.120 and 171.122
171.127
When proposed measure to bear name of person other than member requesting introduction
171.130
Presession filing of proposed measures
171.133
Approval of Governor required for state agency measure introduction
171.134
Readability test for legislative digests and summaries
171.136
Supplies and equipment
171.180
State policy governing election dates
171.185
Dates for legislatively prescribed elections
171.200
“Publications” defined for ORS 171.206
171.206
Legislative publications
171.236
Session laws
171.245
Legislative Publications Account
171.255
Evidentiary status of published session laws
171.270
Legislative materials furnished to public officers without charge are public property
171.275
Oregon Revised Statutes
171.285
Legislative Counsel certificate
171.295
Preservation and use of ORS medium
171.305
ORS Revolving Account
171.315
Distribution of ORS
171.325
Certified copy of statute or rule of civil procedure published in Oregon Revised Statutes
171.405
Binding original enrolled laws and joint resolutions
171.407
Sound recordings of legislative proceedings
171.410
“Legislative record” defined for ORS 171.410 to 171.430
171.415
Delivery to Legislative Administration Committee
171.420
Classification and arrangement
171.425
Borrowing by certain legislative personnel
171.427
Schedule for retention, destruction or disposition of records
171.430
Disposal by certain committees
171.450
Legislative intent
171.455
Complaint of elector
171.460
Secretary of State to conduct investigation
171.465
Credentials committee
171.505
Administering oaths or affirmations to witnesses
171.510
Legislative process to compel attendance and production of papers
171.515
Reimbursement of witnesses appearing under legislative process
171.520
Reporting violations of ORS 171.510
171.522
Judicial enforcement of legislative process
171.525
Immunities of witness before legislative committee
171.530
Privilege of witness before legislative committee
171.555
Joint Committee on Ways and Means
171.557
State budget policy
171.558
Furnishing budget information to Oregon Department of Administrative Services
171.562
Procedures for confirmation
171.565
Vote required for confirmation
171.575
Oversight over state compensation and classification system
171.580
Joint Legislative Audit Committee
171.585
Duties of committee
171.590
Cooperation of state agencies
171.605
Construction of ORS 171.605 to 171.635
171.610
Functions
171.615
Periods during which committees function
171.620
Powers
171.630
Vacancies
171.635
Appointment of nonlegislators
171.640
Appointment of interim committees
171.650
Interim staff for presiding officers
171.670
Authority for approval of disbursements during interim
171.725
Definitions for ORS 171.725 to 171.785
171.730
Legislative finding
171.735
Exceptions to application of ORS 171.740 and 171.745
171.740
Lobbyist registration
171.742
Annual training
171.745
Lobbyist statements of expenditures
171.750
Lobbyist employer statements of expenditures
171.752
Time for filing statements
171.756
Prohibited conduct
171.762
Verification of reports, registrations and statements
171.764
False statement or misrepresentation by lobbyist or public official
171.766
Status of reports, registrations and statements
171.772
Forms for reports, registrations and statements
171.776
Commission duties
171.778
Complaint and adjudicatory process
171.785
Sanctions prescribed by either chamber of Legislative Assembly
171.790
Contact with Legislative Assembly by local government officials and employees
171.795
Electronic distribution of information
171.852
Joint Legislative Committee on Information Management and Technology
171.855
Duties of committee
171.857
Appointment
171.858
Joint Committee on Transportation
171.861
Duties of committee
171.870
Legislative findings
171.875
Report required to accompany measures proposing mandated coverage
171.880
Content of report
171.990
Penalty for witness failing to appear or to give testimony in legislative proceeding
171.992
Civil penalty for violation of lobby regulation
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