Oregon Leave Laws

Leave laws in Oregon support employee well-being, which is why there are numerous types of leave available to public and private sector employees. 

This article provides an overview of Oregon’s leave laws, detailing the rules and conditions of each leave type. In Oregon, leave regulations can differ between public and private sector employees, and not all leave types are mandatory or paid.

This Article Covers

Oregon Required Leave

• Sick Leave
• Family and Medical Leave
• Jury Duty Leave
• Witness Leave
• Domestic Violence or Sexual Assault Leave
• Crime Victim Leave
• Military Leave
• Military Family Leave
• Holiday Leave
  

Oregon Non-Required Leave

• Vacation Leave
• Voting Leave
• Bereavement Leave
• Volunteer Firefighter Leave

Oregon Required Leave

Employers in Oregon are legally required to provide employees certain types of leave. The types of mandatory leave include:

1. Sick Leave

• Eligibility: All employees in Oregon are entitled to sick leave. 
• Duration: Up to 40 hours per year. 
• Circumstance for Utilizing Leave: For health-related absences. 
• Pay: Employers with 10 or more employees must provide paid sick leave, while those with fewer than 10 employees offer unpaid sick leave. In Portland, the threshold for paid sick leave is lower, requiring employers with 6 or more employees to provide it.

2. Family and Medical Leave

• Eligibility: Employees in Oregon qualify for family and medical leave if they have worked for the employer for at least a year and have logged 1,250 hours. The employer must have at least 25 employees, lower than the federal requirement of 50.
• Duration: Up to 12 weeks for most family and medical reasons, and up to 26 weeks for caring for a seriously ill or injured member of the Armed Forces who is the employee’s spouse, parent, child, or next of kin. 
• Circumstance for Utilizing Leave: Can be used for childbirth, adoption, to care for a family member with a serious health condition, or for the employee’s own serious health condition.
• Pay: Family and medical leave is unpaid, though job protection is provided.

3. Jury Duty Leave

• Eligibility: All employees called upon to serve jury duty must be provided with this type of leave. 
• Duration: The duration required for jury service. 
• Circumstance for Utilizing Leave: To serve on a jury. 
• Pay: Jury duty leave is unpaid by employers in Oregon. Employers cannot force their employees to use other types of leave for jury duty, nor can they penalize or discipline their employees for attending jury duty.

4. Witness Leave

• Eligibility: Employees who are summoned to appear in court as witnesses must be granted witness leave. 
• Duration: The time required to fulfill witness duties in court.
• Circumstance for Utilizing Leave: Attending court to testify as a witness when summoned. 
• Pay: Witness leave can be paid or unpaid, depending on the employer’s policy.

5. Domestic Violence or Sexual Assault Leave

• Eligibility: Employees who have experienced domestic or sexual violence, sexual assault, or stalking, or who have a minor child or dependent in these situations, are eligible for this type of leave. 
• Duration: Flexible, based on the needs arising from the situation.
• Circumstance for Utilizing Leave: Attending legal proceedings, obtaining medical treatment, counseling sessions, securing services from victim services providers, or relocating to ensure safety.
• Pay: This leave is unpaid, focusing on providing time needed to address and recover from the situation.

6. Crime Victim Leave

• Eligibility: Employees or their family members who are crime victims are entitled to crime victim leave. 
• Duration: The time required to attend legal proceedings related to the crime.
• Circumstance for Utilizing Leave: To attend or prepare for legal proceedings related to the crime.
• Pay: Crime victim leave may be either paid or unpaid, depending on employer policies.

7. Military Leave

• Eligibility: Employees who serve in the US Armed Forces, National Guard, or state militia are entitled to military leave under the Uniformed Services Employment and Reemployment Act (USERRA). In Oregon, employees who are members of another state militia can also take this leave if they are invited to active duty by that state’s governor.
• Duration: As required for the duration of the service.
• Circumstance for Utilizing Leave: Active duty or training for military service.
• Pay: Employees on military leave must receive the same benefits as they would have earned had they been present at work.

8. Military Family Leave

• Eligibility: Employers in Oregon must grant military family leave to employees whose spouse or domestic partner is called to military service. This only applies if the employee has worked an average of more than 20 hours per week for an employer with 25 or more employees. 
• Duration: Up to 2 weeks. 
• Circumstance for Utilizing Leave: To manage affairs or obligations during the partner’s military deployment.
• Pay: This leave is unpaid.

9. Holiday Leave

• Eligibility: All employees in Oregon receive holiday leave on official national and state-recognized holidays.
• Duration: For the duration of the official holiday.
• Circumstance for Utilizing Leave: The occurrence of a national or state holiday.
• Pay: Employers are not obligated to provide holiday pay, but they must adhere to their own established policies or agreements. If an employee is terminated and the employer’s policy includes paying out accrued benefits like vacation or severance, they are required to honor these commitments.

The following are the official federal holidays observed in the US:

Read more about the entitlements of employees in Oregon in our guides on Your rights as a salaried employee in Oregon, and Your rights as an hourly employee in Oregon. You can also learn more about Oregon Labor Laws through our detailed guide.

Oregon Non-Required Leave

In Oregon, certain types of leave are not mandated by law but may be offered by employers if they so choose. These optional types of leave include:

1. Vacation Leave

Employers in Oregon are not required to offer paid or unpaid vacation leave. However, if they decide to implement a vacation policy, they must adhere to its terms strictly. This can include establishing a “use-it-or-lose-it” policy that limits the amount of vacation time employees can accumulate. Employers may also refuse payout for any accrued vacation time after an employee is terminated.

2. Voting Leave

In Oregon, employers are not required to offer voting leave to their employees. However, if an employer chooses to provide such leave, they must clearly define the terms of the policy in the employment contract.

3. Bereavement Leave

Employers in Oregon are not legally required to offer bereavement leave. However, if bereavement leave is included in a company’s policy, the terms must be explicitly defined within the employment contract.

4. Volunteer Firefighter Leave

In Oregon, while employers are not required to provide volunteer firefighter leave, they may choose to offer it. If granted, the employer must not discriminate against or dismiss employees who utilize this leave. Upon their return, employees should be reinstated to their original or a similar position. Employers also have the discretion to designate this leave as either paid or unpaid.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.