Or. Admin. Code § 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.
Notes
Statutory/Other Authority: ORS 659A.805
Statutes/Other Implemented: ORS 659A.270 - 659A.285
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