2017 ORS 659A.052¹
Reemployment rights of injured state workers
  • rules

(1) In addition to the rights provided to injured workers under ORS 659A.043 (Reinstatement of injured worker to former position) and 659A.046 (Reemployment of injured worker in other available and suitable work), if all permanent restrictions of an injured worker are known and:

(a) The injured worker was employed at the time of injury by any agency in the legislative department of the government of this state, the injured worker shall have the right to reinstatement or reemployment at any available and suitable position in another agency in the legislative department.

(b) The injured worker was employed at the time of injury by any agency in the judicial department of the government of this state, the injured worker shall have the right to reinstatement or reemployment at any available and suitable position in another agency in the judicial department.

(c) The injured worker was employed at the time of injury by any agency of the executive or administrative department of the government of this state, the injured worker shall have the right to reinstatement or reemployment at any available and suitable position in another agency of the executive or administrative department.

(2) Notwithstanding ORS 659A.043 (Reinstatement of injured worker to former position) and 659A.046 (Reemployment of injured worker in other available and suitable work), an injured worker referred to in subsection (1) of this section has preference for entry level and light duty assignments with agencies described in subsection (1) of this section. The legislative and judicial departments of the government of this state may adopt rules to define entry level and light duty assignments. The Administrator of the Personnel Division by rule shall adopt a process to identify entry level and light duty assignments within the executive or administrative department of the government of this state.

(3) In accordance with any applicable provision of ORS chapter 240, the Administrator of the Personnel Division shall compel compliance with this section and ORS 659A.043 (Reinstatement of injured worker to former position) and 659A.046 (Reemployment of injured worker in other available and suitable work) by any agency of the executive or administrative department of the government of this state. [Formerly 659.412; 2005 c.22 §471; 2009 c.315 §1; 2015 c.232 §1]

(formerly 659.280 to 659.290)

Law Review Cita­tions

26 WLR 394-395 (1990)

Notes of Decisions

Termina­tion of employ­ment in retalia­tion for invoking Oregon Family Leave Act rights constitutes wrongful discharge in viola­tion of public policy. Yeager v. Providence Health System Oregon, 195 Or App 134, 96 P3d 862 (2004), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 659A—Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors659A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 659A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano659A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.