BOLI issues proposed OFLA regs for returning service members

On June 9, 2006, BOLI filed with the Secretary of State a notice of proposed rulemaking regarding OFLA rights of uniformed service members upon returning from active duty.  Under USERRA regulations, a member of  the uniformed services returning to work from active duty is entitled to all of the seniority and seniority-based rights and benefits that would have accrued if the employee had remained continuously employed.  The DOL, which enforces USERRA and FMLA, construes USERRA to require employers to count the hours the employee would have worked during the period of active duty toward the eligibility requirements for FMLA.  The proposed BOLI regulation would require a similar application of USERRA to rights under OFLA.  Public comment is accepted through July 21, 2006. Comments may be submitted by mail or email to:

Marcia Ohlemiller

Rules Coordinator

Bureau of Labor and Industries

800 NE Oregon Street # 1045

Portland, OR 97232

Marcia.l.ohlemiller@boli.state.or.us

• Question:  Is credit for hours that would have been worked in the absence of military service a "seniority-based" right?