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STATE BlueMountainEagle.com Wednesday, April 17, 2019 A9 Worker protections considered for expectant mothers, pot users and family caregivers By Mark Miller Oregon Capital Bureau Expectant mothers, marijuana users and care- givers for ailing rela- tives could all benefit from worker protections that legislators are scram- bling to write into law this year. Advocates say state law doesn’t go far enough to protect workers in many cases, especially when they have medical issues or family obligations. Sympathetic lawmak- ers are offering propos- als to overhaul the work- ers’ compensation system, require “reasonable” accommodations for preg- nant and nursing employ- ees, prohibit most employ- ers from firing or not hiring someone over their off-hours marijuana use and provide more robust paid family and medical leave. Business owners worry that state mandates could cost them money and productivity. House Bill 2005 would transform family and med- ical leave in Oregon, turn- ing it into a universal ben- efit that would pay out a portion of an employ- ee’s wages while they are out for reasons like a dif- ficult pregnancy, a debil- itating injury or illness, a family emergency or the recent birth or adoption of a child. State and federal laws currently allow workers to take unpaid family leave for 12 weeks per year, and in most cases, employ- ers are obligated to let them return to their jobs. However, businesses with fewer than 25 employees are exempt. Current law doesn’t require that an employer pay an employee who is on family leave, although some do voluntarily. Under HB 2005, also known as the FAMLI Equity Act, family and medical leave would be paid for by insurance. Workers would put up to “I WOULD GET TO DO WHAT’S RIGHT FOR MY STAFF, HELPING THEM DURING A TIME WHEN THEY ARE EXPERIENCING FAMILY OR MEDI- CAL ISSUES BY ALLOWING THEM, BY ENABLING THEM TO TAKE TIME OFF AND TAKE CARE OF WHAT IS IMPORTANT IN THEIR PERSONAL LIFE, AND HELPING THEM GET A PAYCHECK DURING THAT TIME,” Thuy Tran, who owns Rose City Vision Care in Portland 1 percent of their earnings toward a state-run insur- ance fund, into which busi- nesses would have to pay as well. In return, employ- ees on leave would be eli- gible for benefits equal to some or all of their salary. Compensation would be pegged to a worker’s salary. Minimum-wage hourly workers would be eligible for full pay. For higher-paid workers, the insurance payments could cover most, but not all, of their normal wages. By 2022, a worker could take up to 22 weeks’ paid leave: four for pregnancy leave, if she is completely unable to work due to preg- nancy or childbirth; eight for medical leave, which could also be used to care for a family member who is seriously ill; and 10 for parental leave, for use only in the year after a child’s birth, adoption or foster placement. The following year and thereafter, the maximum amount of paid leave would increase to 26 weeks. The leave provision is sponsored by House Majority Leader Jennifer Williamson, D-Portland, and Sen. Kathleen Taylor, D-Milwaukie. It’s based on the ideas of a work group they convened last year. Supporters say Ore- gonians deserve to spend time with a new child or caring for a relative with- out going into debt or risk- ing their jobs. “We should not be plac- ing people in the position of choosing between valu- able family time and their career,” Rep. Courtney Neron, D-Wilsonville, said at a committee hearing last month. Many business-owners who testified last month objected to House Bill 3031, an earlier version of the FAMLI Equity Act. Gregory Keilman, owner of The Dalles Chiroprac- tic, said it would likely drive him out of business. “It will destroy small businesses in this state,” he said in a letter to legislators. To address small busi- ness worries, the proposal has been amended to pro- vide state grants up to $3,000 to help while an employee is out on leave. Thuy Tran, who owns Rose City Vision Care in Portland, likes the idea of an employee’s prolonged absence from work being covered by insurance, which she said could allow her to bring on temporary help. That’s a “win-win,” she said. “I would get to do what’s right for my staff, helping them during a time when they are expe- riencing family or medical issues by allowing them, by enabling them to take time off and take care of what is important in their personal life, and helping them get a paycheck during that time,” Tran said last month. The National Federation of Independent Businesses is still cool to the proposal. The group told legislators it has “major concerns” about a new 1 percent pay- roll tax and how small businesses would staff their operations when an employee is on leave. Another legislative pro- GOOD FRIDAY SERVICE posal would make it harder to deny health coverage — including follow-up medical tests — for peo- ple receiving workers’ compensation. The Oregon Trial Law- yers Association origi- nally proposed House Bill 3022 as a sweeping pro- posal to overhaul workers’ comp. It has been meeting with business and labor representatives to narrow the bill’s focus, lobbyist Arthur Towers said. “What we want to do is make sure that work- ers can get those diagnos- tic tests they need to figure out what’s really wrong with them,” Towers said. “That’s a pretty huge prob- lem with the system right now.” Workers with previous medical conditions who are injured can also be “kicked off” of workers’ comp, as Towers described it, on the basis that their employer shouldn’t be on the hook for preexisting issues. The group that has been working on HB 3022 has agreed that employers should have to prove that the on-the-job injury isn’t the reason an employee is unable to work or has an ongoing need for medical care. Kimberly Wood, co-chair of the Oregon Management-Labor Advi- sory Committee, said the group will propose changes for legislators to consider as the bill moves forward. Three House Republi- cans voted Monday, April 8, against forwarding HB 3022 to another legislative committee for more work. “It seems like it’d be something that we’d want to move into a dif- ferent session, at a later time,” Rep. Greg Barreto, D-Medford, said. “Some- thing as serious as messing with workers’ comp gives me concern.” Legislation to protect employees who are preg- nant or nursing is also advancing. House Bill 2341 aims to address what advocates call “pregnancy discrimi- nation” in the workplace. The legislation would pro- hibit employers with more than five employees from rejecting a job applicant or punishing a worker who wants them to accommo- date her pregnancy. Employers already have to provide accom- modations for workers with disabilities, bill spon- sor Rep. Karin Power, D-Milwaukie, noted. She believes the law should protect pregnant workers in a similar fashion. Power is also spon- soring House Bill 2593, which would require employers to grant “a rea- sonable rest period” to an employee to breastfeed a child or pump breast milk. The current law provides 30 minutes for every four hours of work now, which some advocates say is not sufficient. “Not having adequate time to pump or breastfeed can lead to infections,” Power said. Both proposals have cleared committee and now head to the full House. Meanwhile, the Senate may consider a proposal to shield most workers from employment recrimina- tions over marijuana use outside of work. Sen. Floyd Prozanski, D-Eugene, who unsuc- cessfully pushed similar legislation two years ago, believes that since vot- ers chose to legalize rec- reational marijuana in Oregon in 2014, workers whose marijuana use does not affect their job perfor- mance or safety — “not in a high-risk employment situation,” as he put it — should be protected. He is concerned about employers behaving in a “totalitarian” way and punishing people for what they do outside of work, he said, adding, “You should not have that type of con- trol over somebody where it is not justified.” The legislation — Sen- ate Bill 379 — has been amended to allow employ- ers to ban private use of marijuana as a condition of employment for emer- gency responders, health care professionals, transit operators, taxi drivers and “employees who perform job functions that may involve a risk of injury to others.” That would cover occupations such as truckers, construction workers and machinery operators. Marijuana remains illegal under federal law. Employers that are required to follow fed- eral drug policy would also be exempt from SB 379. WRIGHT CHEVROLET HAS SOLD! Bill Jr. will still be selling but beginning in May, your choices of New Chevrolet, GMC, Buick will quadruple! Choose from over 125 used too! 7pm at Grace Chapel Remembering Jesus’ sacrifice with hymns and scripture. OLD TRADITION, NEW LOCATION! The shop/service will be shut down but Warranty Service will still be available! Prairie City’s Community Easter Service now at Grace Chapel begins at 10:30am followed by an Easter egg hunt & potluck at the Senior Center. Same Two Contact Numbers for Bill Jr: 541-763-4175 • 541-980-2917 GraceChapel-EMC.com | Find us on Facebook! Still In Fossil! 154 East Williams Street, Prairie City, OR 97869 | (541) 820-4437 114303 114057 Earth Day ~ April 22, 2019 It’s a good time for all of us to start making the most of new opportunities to recycle. Recycling bins for plastic containers, tin cans, newspaper, magazines, and card- board are located at Clark’s Transfer Station, 26431 Luce Creek Road, John Day, OR. “Waste prevention” is about not making waste in the first place as we change what we use and how we use it. Consumers can impact the environment by preventing waste thorugh the choices they can make every day. What materials we consume and how we consume them is what makes the real difference. We all can make it a daily practice to recycle, reuse, and compost. Grant County promotes recycling and waste reduction within the Grant Watershed as required by OAR 340-090-0030 and 340-090-0040. For more information, contact Grant County at 541-575-0059. NAPA Filters’ Spring Sale! April 15-22, 2019 Spring forward into NAPA Filters’ Spring Sale. You’ll save big on all NAPAGold oil, air, hydraulic, fuel and cabin filters you desire. And our unique NAPA Filters’ Program manages your inventory so that all your vehicles stay on the move and not stuck in the garage on a lift. 721 W Main St., John Day 541-575-1850 Mon - Fri 7 am to 6 pm Sat 8am-5pm, Closed Sun 111376