OAR 839-009-0440: OMFLA: Use of Paid Leave

(1) Leave is unpaid unless otherwise provided by: (a) A collective bargaining agreement; (b) The terms of an agreement between the eligible employee and the covered employer; or (c) A covered employer’s policy. (2) An employee eligible to take Oregon Military Family Leave is entitled to use accrued paid sick leave, personal leave, vacation leave or any other paid leave that is offered in lieu of vacation leave during the period of Oregon Military Family Leave. As used in this rule, accrued paid sick leave does not include disability insurance or disability benefits. (3) Subject to the terms of any agreement between the eligible employee and the covered employer or the terms of a collective bargaining agreement or a covered employer policy, the employee may determine the order in which paid accrued leave is to be used when more than one type of paid accrued leave is available to the employee.