The content below should be reviewed in conjunction with the in-depth federal coverage of this topic provided above.
Author: Amy Angel, Barran Liebman LLP
- Oregon has a number of state leave laws that apply to employers depending on the number of employees that the employer has. To the extent federal and state laws differ, whichever law provides greater benefits and protection to the employee will apply. See Oregon - Leaves of Absence.
- Oregon has a separate law governing the provision of medical and family leave which offers greater protections than the federal Family Medical Leave Act. See Family and Medical Leave of Absence. Effective January 1, 2014, employers covered under the Oregon Family Leave Act (OFLA) must add bereavement leave to the list of qualifying reasons for OFLA leave. See Future Developments.
- Oregon law requires employers to allow employees to take leave to serve as jurors. See Jury Duty Leave.
- Employers must provide leave to employees who are crime victims to attend criminal proceedings. See Crime Victims' Leave.
- Employers may not terminate employment or threaten to terminate, intimidate, or coerce an employee because the employee, who is a crime victim, takes leave to attend criminal proceedings. See Crime Victims Leave.
- Employers must provide leave and reasonable accommodations to an employee who is a victim of domestic violence, harassment, sexual assault or stalking or who is the parent or guardian of a minor child or dependent who is a victim of domestic violence, harassment, sexual assault or stalking. See Domestic Violence Leave. Starting January 1, 2014, employers will need to revise their policies and practices regarding domestic violence leave to account for the relaxed employee eligibility criteria and newly added posting requirements.See Future Developments.
- Employers may not terminate, discriminate or retaliate against an employee because of service in uniformed service. See Military Leave.
- Employers may not deny the use of already accrued paid leave for an employee to undergo a medical procedure to donate bone marrow. See Donation of Bone Marrow Leave.
- Employers must allow an employee to use leave (including vacation or other leave available to the employee) for the employee to engage in religious observances or practices. See Religious Observance Leave.
- Employers must provide leave to an employee who is a member of the Oregon Legislative Assembly and whose employment is interrupted because of attendance at the regular or special sessions of the Legislative Assembly or the performance of official duties as a member of the Legislative Assembly. See Leave to Serve in State Legislature.
- Employers may grant a leave of absence to an employee who is a search and rescue volunteer accepted to participate in search and rescue activities by the sheriff, until release from the search and rescue activities permits the employee to resume the duties of employment. See Search and Rescue Operation Leave.
- State agencies and political subdivisions may grant leaves of absence to any public employee who is a certified disaster service volunteer of the American Red Cross to participate in disaster relief services in the State of Oregon. See Red Cross Disaster Relief Services Leave.
- Public employers shall grant leaves of absence without pay for at least two years to any full-time salaried public officer or employee who serves as a volunteer in the Peace Corps. See Peace Corps Leave.
- Employers may not infringe in any manner on the right of an athlete to compete in or train for an Olympic game or event and may not levy any form of punishment or sanction against any athlete for participating in any Olympic event such that employers must give a leave of absence to an employee to compete in or train for an Olympic event. See Olympic Games Leave.
- State agencies and political subdivisions may grant leaves of absence on request to any public employee who participates in world, Pan American or Olympic events as a group leader, coach, official or athlete of a United States amateur team for the purpose of preparing for and engaging in the competition and preliminary competitions. See Athletic Competition Leave.
- Effective January 1, 2014, employers with six or more employees in Portland must provide up to 40 hours (or five days) of paid sick leave per year; smaller employers (those with five or fewer employees) must provide up to 40 hours of unpaid sick leave. See Future Developments.