Oregon Bankers Ass'n v. State

Petitioners1 challenge the validity of three administrative rules adopted after enactment of the Parental Leave Law (the statute) in 1987.2 We uphold the validity of two of the challenged rules but conclude that one is invalid in part.

The statute mandates unpaid parental leave for up to 12 weeks after the birth of an employee’s3 infant. ORS 659.360(1); ORS 659.360(6).4 The legislature directed the Commissioner of the Bureau of Labor and Industries (BOLI) to enforce the statute. ORS 659.365(1).5 BOLI has promulgated rules: OAR 839-07-800 through OAR 839-07-875. Petitioners contend that three…