Crime Victims Leave – Or. Rev. Stat. § 659A.190 and § 659A.194

Covered Employers: Employers who employ 6 or more employees in Oregon for each working day during 20 or more work weeks in the year or preceding year.

Employee Eligibility: Employees who worked an average of more than 25 hours per week for at least 180 days immediately before leave and is a crime victim.

Entitlement: Crime victims may take leave to attend criminal proceedings or juvenile proceeding or any other proceeding at which a crime victim has a right to be present. An employer may limit the amount of the employee's leave if the leave creates an undue hardship to the employer's business. "Undue hardship" means a significant difficulty and expense to the business and includes consideration of the size of the business and the critical need for the employee.

Employer Notice: Not specified

Employee Notice: When possible, employees must give reasonable advance notice of intention to take leave.

Obligation to Provide Certifications or Documents Supporting Need for Leave: The employee is obligated to provide the employer with copies of any notices of scheduled criminal proceedings that the employee receives from a law enforcement agency.. The employer must keep confidential all records regarding an employee's leave.

Paid?: The law does not require the employee be compensated for absences taken pursuant to the statute. An employee may use any available paid accrued vacation leave or other paid leave. Subject to the terms of any agreement between the eligible employee and the covered employer or the terms of a collective bargaining agreement or an employer policy, if more than one type of accrued leave is available to the employee, the employer may determine the order in which accrued leave is to be used.

Benefits: Not specified

Reinstatement: Not specified

Other Important Definitions/Requirements: "Crime victim" means a person who has suffered financial, social, psychological or physical harm as a result of a person felony, as defined in the rules of the Oregon Criminal Justice Commission, and includes a member of the immediate family of the person.

"Immediate family" means spouse, domestic partner, father, mother, sibling, child, stepchild and grandparent.

Relationship with Other Leave: Employee may use any paid accrued vacation leave or other paid leave offered by employer.

Absence Specifications