Federal law and guidance on this subject should be reviewed together with this section.
Author: Amy Angel, Barran Liebman LLP
- The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that provides leave rights for public and private employees with military obligations. Oregon law will apply in instances where it provides greater benefits, protections and/or rights than USERRA. See Oregon Military Leave.
- Oregon law makes it an unlawful employment practice for an employer to discriminate against a person because of the person's service in a uniformed service or to retaliate against a person for exercising or attempting to exercise the status or rights provided by statute. See Prohibited Actions.
- Public employees are allowed to take a single leave of absence in a fiscal year of up to 15 calendar days for initial duty training when serving in the National Guard, National Guard Reserve, or reserve component of the U.S. Armed Forces or U.S. Public Health Service, without loss of time, pay or regular leave, if employed by the state in the preceding six months. See Public Employers.
- An employee who is the spouse of a member of the Armed Forces, National Guard, or reserve forces with an impending call or order to active duty or who has been deployed is entitled up to 14 days of unpaid leave per deployment. See Oregon Military Family Leave Act.