Military leave - Oregon

Summary of differences between federal and state regulations

The Uniformed Services Employment and Reemployment Rights Act (USERRA) does not provide protection to members of the National Guard serving the states, nor do such members receive the protections of the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) (which was re-written in 2003 as the Servicemembers Civil Relief Act) when in state (rather than federal) service. The state protections listed below are in addition to protections under federal laws.

An employee shall be granted a leave of absence by the employer to perform active state service if:

(a) The employee is a member of the organized militia of this state and is called into active service of the state.

(b) The employee is a member of the organized militia of another state and is called into active service of the state by the Governor of the respective state.

The employer shall grant the employee a leave of absence until release from active service allows the employee to resume the duties of employment. The regular position of an employee on a leave of absence for service shall be considered vacant only for the period of leave. The employee is not subject to removal or discharge from the position as a consequence of the leave.

Upon the termination of the leave of absence for active, an employee shall:

(a) Resume the duties of employment within seven calendar days; and

(b) Be restored to the employee’s position or an equivalent position without loss of seniority, vacation credits, sick leave credits, service credits under a pension plan, or any other employee benefit or right that had been earned at the time of the leave.

For FAQs on military leave, see: www.oregon.gov/boli/TA/pages/t_faq_tamillv.aspx

Employers may not discriminate against a person because of the person’s uniformed service by denying any of the following because the person is a member, applies to be a member, performs, has performed, applies to perform, or has an obligation to perform in a uniformed service:

• Initial employment;
• Reemployment following a leave taken by reason of service;
• Retention in employment;
• Promotion; or
• Any other term, condition, or privilege of employment, including but not limited to compensation.

It is unlawful to discharge, discipline, threaten, or otherwise retaliate against the person for exercising or attempting to exercise the rights provided by this law. Exceptions are provided if an employment decision is based on a bona fide occupational requirement reasonably necessary to the normal operation of the business and the employer’s actions could not be avoided by making reasonable accommodation of the person’s service.

Military Family Leave Act

Oregon requires employers to provide up to 14 days of unpaid leave to an employee who is the spouse of a member of the armed forces who has been notified of an impending call or order to active duty or who has been deployed during a period of military conflict, or is on leave from deployment.

To be eligible, the employee must work an average of at least 20 hours per week for an employer with 25 or more employees in Oregon for 20 or more calendar workweeks for the year in which leave is taken, or the immediately preceding year. The term “employer” includes the state, local governments, and other political subdivisions, including departments and agencies. The leave provision does not apply to independent contractors.

An employee who takes leave may elect to substitute accrued leave for any part of the leave. An employee who takes such leave is entitled to be restored to a position of employment and to the continuation of benefits.

An employee who intends to take leave must provide the employer with notice within five business days of receiving official notice of an impending call or order to active duty or of a leave from deployment.

It is unlawful for an employer to deny military family leave to an eligible employee; or retaliate or in any way discriminate against an individual because the individual has inquired about or submitted a request for military family leave.

State

Contacts

None.

Regulations

Oregon Revised Statutes Chapter 399, §399.230 Employment rights of members of organized militia when called into active state service.
www.oregonlegislature.gov/bills_laws/ors/ors399.html

Oregon Revised Statutes, Chapter 659A, Unlawful Discrimination in Employment
https://www.oregonlegislature.gov/bills_laws/ors/ors659a.html

Military family leave

Oregon Administrative Rules, Chapter 839, Division 9,
Oregon Military Family Leave Act (Sections 839-009-370 et. seq.)
http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_839/839_009.html

Federal

Contacts

DOL’s Veterans’ Employment and Training Service (VETS)

Veterans’ Employment and Training Service (VETS)
200 Constitution Avenue, NW
Room S-1325
Washington, D.C. 20210
Phone: 1-866-4-USA-DOL (1-866-487-2365) or 202-693-4770

Website: www.dol.gov/vets/

Regulations

5 CFR Part 353 Restoration to Duty from Uniformed Service or Compensable Injury

20 CFR Part 1002 Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 1994