Time off - Oregon

Bone marrow donation leave

Employers must grant already accrued paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. The total length of the leaves are to be determined by the employee, but must not exceed the amount of already accrued paid leave or 40 work hours, whichever is less, unless agreed to by the employer.

This provision applies only to employees who work an average of 20 or more hours per week.

Employers may require verification by a physician of the purpose and length of each leave requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence used by the employee prior to that medical determination is not affected.

Employers must not retaliate against an employee for requesting or using accrued paid leave of absence.

Crime victim/criminal proceeding

Under Oregon law, employers with six or more employees (for 20 or more weeks in the calendar year in which the employee takes leave or in the immediately preceding year) must allow eligible employees to take leave to attend a criminal proceeding. To be eligible, the employee must have worked an average of more than 25 hours per week for at least 180 days immediately before the leave begins. The law applies to all employees regardless of the number of hours worked or length of employment.

The employee must be a “crime victim,” meaning that he or she “has suffered financial, social, psychological or physical harm as a result of a personal felony.” The law treats immediate family members of the person as crime victims as well and defines “immediate family” to include a spouse, domestic partner, father, mother, sibling, child, stepchild or grandparent.

The law doesn’t set a specific time limit on the amount of leave, but does say that an employer may limit the leave if it creates an undue hardship to the business, meaning “a significant difficulty and expense,” taking into consideration the size of the business and any critical need for the employee. If an employer limits the employee’s leave due to undue hardship, the law provides that the employee may notify the prosecuting attorney, who is then required to notify the court. The court must then take the employee’s work schedule into consideration when scheduling the criminal proceedings.

The law only provides for unpaid leave, unless paid leave is promised under a union contract or other employment agreement. However, eligible are permitted to use any paid accrued vacation or other paid leave. If the employee has different types of paid leave available, the employer’s policy may dictate the order in which the employee must use paid leave.

Employees must give reasonable notice of intent to take leave to attend a criminal proceeding; and copies of any notices of scheduled criminal proceedings that the employee receives from a law enforcement agency. Employers must treat any such documentation as confidential records.

The statute makes it an unlawful employment practice to deny leave to an eligible employee, or to discharge, threaten to discharge, intimidate or coerce the employee because the employee takes leave to attend a criminal proceeding.

Employers must post a summary of the employee's rights to take such leave.

Jury duty

Oregon law doesn’t require employers to pay employees for jury duty. However, employers with 10 or more employees must provide health, disability, life, or other insurance coverage for an employee out on jury duty. The employee would need to elect to have such coverage continued and provide notice of the election.

If an employer pays any part of the costs of providing the coverage for the employee that should have been paid by the employee, the employer may deduct the advanced amount from the employee's pay. The total amount deducted may not exceed 10 percent of the employee's gross pay each pay period. If the employee terminates before the amount is repaid, the employer may deduct the remaining amounts from any amounts owed by the employer to the employee, or the employer may seek to recover those amounts by any other legal means.

Oregon employers may not require employees to use vacation leave, sick leave, or annual leave for time spent in jury duty. Employers must allow employees to take leave without pay during jury duty.

Leave for domestic violence, sexual assault, or stalking

Oregon law covers employers with six or more employees in the state for each working day during each of 20 or more calendar workweeks in the current or preceding year.

Employees are eligible if they are a victim of domestic violence, sexual assault, or stalking, or the parent or guardian of a minor child or dependent who is a victim of domestic violence, sexual assault, or stalking.

Covered employers must allow eligible employees to take reasonable leave from employment for any of the following purposes:

• To seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the employee’s minor child or dependent, including preparing for and participating in protective order proceedings or other civil or criminal legal proceedings related to domestic violence, sexual assault, or stalking;
• To seek medical treatment for or to recover from injuries caused by domestic violence or sexual assault to or stalking of the eligible employee or the employee’s minor child or dependent;
• To obtain (or to assist a minor child or dependent in obtaining) counseling from a licensed mental health professional related to an experience of domestic violence, sexual assault, or stalking;
• To obtain services from a victim services provider for the eligible employee or the employee’s minor child or dependent; or
• To relocate or take steps to secure an existing home to ensure the health and safety of the eligible employee or the employee’s minor child or dependent.

Covered employers may limit the amount of leave an eligible employee takes if the employee’s leave creates an undue hardship on the employer’s business. An undue hardship is a significant difficulty and expense to a covered employer’s business and includes consideration of the size of the employer’s business and the employer’s critical need for the eligible employee.

Employees must provide reasonable advance notice of the intention to take leave, unless giving the advance notice is not feasible.

Employers may require the eligible employee to provide certification that:

• The employee or the employee’s minor child or dependent is a victim of domestic violence, sexual assault, or stalking; and
• The leave taken is for an eligible purpose.

Employees must provide the certification within a reasonable time after receiving the covered employer’s request for the certification.

Any of the following constitutes sufficient certification:

• A copy of a police report indicating that the eligible employee or the employee’s minor child or dependent was a victim of domestic violence, sexual assault, or stalking;
• A copy of a protective order or other evidence from a court or attorney that the eligible employee appeared in or was preparing for a civil or criminal proceeding related to domestic violence, sexual assault, or stalking; or
• Documentation from an attorney, law enforcement officer, health care professional, licensed mental health professional or counselor, member of the clergy, or victim services provider that the eligible employee or the employee’s minor child or dependent was undergoing treatment or counseling, obtaining services or relocating as a result of domestic violence, sexual assault, or stalking.

Employers are not required to grant leave with pay, unless required by contract or other agreement.

Employees who take leave may use any paid accrued vacation leave, any accrued sick leave, or personal business leave, or any other paid leave that is offered by the covered employer in lieu of vacation leave during the period of leave.

Oregon Military Family Leave Act

The Oregon Military Family Leave Act provides for eligible employees to take unpaid time off for certain reasons involving a family member in the military.

Employees must have worked for an employer for an average of at least 20 hours per week. This does not include independent contractors. The employer must have at least 35 employees in the state for each working day during each of 20 or more calendar workweeks in the current year preceding year.

During a period of military conflict, an employee who is a spouse of a member of the Armed Forces, the National Guard, or the military reserves who has been notified of an impending call or order to active duty or who has been deployed is entitled to a total of 14 days of unpaid leave per deployment. This leave is to take place after the employee is notified of the call or order to active duty and before deployment, as well as when the military spouse is on leave from deployment.

Employees may elect to substitute accrued leave for military family leave. Leave taken under the Military Family Leave provisions is to be included in the total amount of leave under the Oregon Family Leave Act.

Employees who take leave for a military spouse are entitled to the continuation of benefits as provided in the Oregon Family Leave Act.

Employees are entitled to be restored to a position of employment as provided in the Oregon Family Leave Act (OFLA).

Employees must provide notice of the intention to take leave within five business days of receiving official notice of a call or order to active duty or for a leave from deployment.

Paid sick leave

Oregon employers must provide for sick leave.

• Employers with 10 or more employees (six or more for Portland employers) must provide up to 40 hours of paid sick leave per year.
• Employers with fewer than 10 employees (fewer than six for Portland employers) must provide up to 40 hours of unpaid sick leave.

Employees are entitled to take up to 40 hours of sick leave per year. They accrue the leave at the rate of one hour for every 30 hours worked.

New employees may take sick leave beginning after their 90^th calendar day of employment. Employees are entitled to take leave in one-hour increments as it is accrued unless it would pose an undue hardship.

The 40 hours may be carried over to the following calendar year, unless employees receive an annual lump-sum allotment of at least 40 hours. The accrual may be limited, however, to 40 hours per year.

Employees may take sick leave for the following reasons:

• For an employee’s mental or physical illness, injury, or health condition, need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition, or need for preventive medical care.
• For care of a family member with a mental or physical illness, injury, or health condition, care for a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition, or care of a family member who needs preventive medical care.
• To care for an infant or newly adopted child under 18 years of age, or for a newly placed foster child under 18 years of age, or for an adopted or foster child older than 18 years of age if the child is incapable of self-care because of a mental or physical disability.
• To care for a family member with a serious health condition.
• To recover from or seek treatment for a serious health condition of the employee that renders the employee unable to perform at least one of the essential functions of the employee’s regular position.
• To care for a child of the employee who is suffering from an illness, injury or condition that is not a serious health condition but that requires home care.
• To deal with the death of a family member.
• To seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the employee’s minor child or dependent, including preparing for and participating in protective order proceedings or other civil or criminal legal proceedings related to domestic violence, harassment, sexual assault or stalking.
• To seek medical treatment for or to recover from injuries caused by domestic violence or sexual assault to or harassment or stalking of the eligible employee or the employee’s minor child or dependent.
• To obtain, or to assist a minor child or dependent in obtaining, counseling from a licensed mental health professional related to an experience of domestic violence, harassment, sexual assault or stalking.
• To obtain services from a victim services provider for the eligible employee or the employee’s minor child or dependent.
• To relocate or take steps to secure an existing home to ensure the health and safety of the eligible employee or the employee’s minor child or dependent.
• To donate accrued sick time to another employee.
• In the event of a public health emergency.
• To donate blood in connection with a voluntary program approved or accredited by the American Association of Blood Banks or the American Red Cross (effective 1/1/26).

Public health emergencies include the following:

• Closure of the employee’s place of business, or the school or place of care of the employee’s child, by order of a public official due to a public health emergency;
• A determination by a lawful public health authority or by a health care provider that the presence of the employee or the family member of the employee in the community would jeopardize the health of others, such that the employee must provide self-care or care for the family member;
• The exclusion of the employee from the workplace under any law or rule that requires the employer to exclude the employee from the workplace for health reasons;
• An emergency evacuation order of level 2 (SET) or level 3 (GO) issued by a public official with the authority to do so, if the affected area subject to the order includes either the location of the employer’s place of business or the employee’s home address; or
• A determination by a public official with the authority to do so that the air quality index or heat index are at a level where continued exposure to such levels would jeopardize the health of the employee.

Employers must provide written notification at least quarterly to each employee of the amount of accrued and unused sick time available for use by the employee. They must also provide written notice of the requirements to each employee.

Paid time off (PTO)

Oregon law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.

Voting

Oregon doesn’t have a time-off-for-voting provision.