Victims of Domestic or Sexual Violence Leave – Or. Rev. Stat. § 659A.272 and 659A.290

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

Employee Eligibility: An eligible employee is an employee who is a victim of domestic violence, harassment, sexual assault or stalking or is the parent or guardian of a minor child or dependent who is a victim of domestic violence, harassment, sexual assault or stalking.

Entitlement: Eligible employees may take leave to obtain legal or law enforcement assistance or remedies; to seek medical treatment for or to recover from injuries caused by harassment, domestic violence, sexual assault, or stalking; .to obtain or assist a minor child or dependent in obtaining counseling related to an experience of harassment, domestic violence, sexual assault or stalking; to obtain services from a victim services provider; or to relocate from home or secure existing home. Leave may be taken in multiple blocks of time and/or on an altered or reduced work schedule basis.
Employers are required to make a reasonable safety accommodation requested by an employee who is a victim of domestic violence, harassment, sexual assault or stalking, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business.

Employer Notice: Covered employers must post a summary of rights and obligations under the statute in a conspicuous and accessible location in the workplace.

Employee Notice: When possible, employees must give reasonable advance notice of intent to take leave, unless giving notice is not feasible.

Obligation to Provide Certifications or Documents Supporting Need for Leave: Employer can request certification that the employee or a minor child is a victim, and that leave is being taken for a permissible purpose. Such certification may take the form of a police report, protective order, or documentation from a health care professional, clergy, attorney or law enforcement officer. Employer must keep documentation confidential.

Paid?: An eligible employee 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. The covered employer may determine the order in which paid accrued leave is to be used when more than one type of paid accrued leave is available to the employee.

Benefits: Not specified

Reinstatement: Not specified. However, it is an unlawful employment practice for a covered employer to deny leave to an eligible employee or to discharge, threaten to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee takes leave.

Other Important Definitions/Requirements: Employer can limit leave if it creates undue hardship. "Undue hardship" will be determined by evaluating several factors in determining the reasonableness of a leave request: (1) the length of the requested leave and the relative cost to the employer's business; (2) the overall financial resources of the employer's facility or facilities, the number of persons employed at the facility and the financial and other impact on the facility if the leave were granted; (3) the overall financial resources of the employer, including the size of the business, the number of employees, and number and type of facilities; and (4) the type of operations conducted by the employer including the composition, structure, and functions of the employer's workforce. It would be an unlawful employment practice for a covered employer to count such a leave against an employee in determining the employee's compliance with attendance policies or to count a leave against an employee when determining eligibility for bonuses based on attendance

Relationship with Other Leave: Not specified.

Absence Specifications