April 27, 2016
Employers in Oregon—like employers in every state—must follow the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave for certain reasons. Once an employee’s FMLA leave is over, the employee has the right to be reinstated to his or her position.
Oregon laws also give employees the right to take time off for family and medical reasons. Employees are entitled to the protections of all applicable laws; if more than one law applies, the employee may use the most beneficial provisions.
Oregon employees who are eligible may take up to 12 weeks of leave for serious health conditions, bonding with a new child, or preparation for a family member's military service; more leave is available for employees who need to care for a family member who was seriously injured on active military duty. For detailed information on FMLA leave, see Taking Family and Medical Leave.
Employers in Oregon are subject to the FMLA if they have at least 50 employees for at least 20 weeks in the current or previous year.
Employees are eligible for FMLA leave if:
FMLA leave is available if an employee needs time off to:
Oregon employees may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave is available every 12 months, as long as the employee continues to meet the eligibility requirements explained above.
Employees may take up to 26 weeks of leave in a single 12-month period for military caregiver leave. However, this is a per-injury, per-service member entitlement. Unless the same family member is injured again, or another family member suffers an injury while on active duty, an employee may not take additional leave for this purpose.
Employees are entitled to continue their health insurance while on leave, at the same cost they must pay while working. FMLA leave is unpaid, but employees may be allowed (or required) to use their accrued paid leave during FMLA leave. When an employee’s FMLA leave ends, the employee is entitled to be reinstated to the same or an equivalent position, with a few exceptions.
In addition to the rights granted by the FMLA, Oregon employees have the right to take time off under several state laws.
Employers with at least 25 employees must give time off to eligible employees for these reasons:
Employees may take up to 12 weeks of leave in any one-year period for these reasons, with the following additional entitlements:
Employers with at least six employees must give eligible employees who are victims of domestic violence, harassment, sexual assault, or stalking a reasonable amount of leave to:
Employers with at least 25 employees must give time off to eligible employees with a spouse or same-sex domestic partner who is in the military and has been notified of an impending call to active duty or impending period of leave from deployment. Employees are entitled to up to 14 days of leave; this leave counts against the employee’s 12-week entitlement to Oregon Family and Medical Leave, described above.
As of January 1, 2016, all Oregon employers are required to provide employees with one hour of sick leave for every 30 hours worked. Employers can cap accrual at 80 hours and limit employees to using 40 hours of paid sick leave each year. Employers with ten or more employees must provide paid time off; employers with fewer than ten employees must provide unpaid time off.
Employees may use sick leave in one-hour increments for the following purposes:
To find out more about these state laws, visit the website of the Oregon Bureau of Labor and Industry.