Oregon Family Medical Leave
In addition to the rights granted by the FMLA, Oregon employees have the right to take time off under several state laws.
Oregon Family and Medical Leave
Employers with at least 25 employees must give time off to eligible employees for these reasons:
- for the birth or adoption of a child, or the placement of a foster child
- to care for a family member with a serious health condition (family members include parents-in-law, domestic partners, grandparents, grandchildren, and the parents and children of domestic partners)
- to deal with the death of a family member (up to two weeks per death of a loved one may be used for these purposes)
- for the employee’s own serious health condition
- for prenatal care or pregnancy disability, or
- to care for a sick child who does not have a serious health condition but requires care at home. (Leave is available for this reason only if there is no other family member who is willing and able to care for the child.)
Employees may take up to 12 weeks of leave in any one-year period for these reasons, with the following additional entitlements:
- An employee who takes 12 weeks of leave for any other reason listed above may take an additional 12 weeks of pregnancy disability leave.
- An employee who takes 12 weeks of parental leave may take an additional 12 weeks of sick child leave.
- An employee may combine these entitlements to take up to 36 weeks of leave: 12 for pregnancy disability, 12 for parental leave, and 12 for sick child leave.
Oregon Domestic Violence Leave
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:
- seek legal remedies or the assistance of law enforcement, including a protective order
- seek medical treatment or recuperate from injuries
- attend counseling
- obtain services from a victim services provider, or
- relocate or make the home safe.
Military Family Leave in Oregon
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.
Oregon Sick Leave
All Oregon employers are required to provide employees with one hour of sick leave for every 30 hours worked. Employers may cap accrual and use at 40 hours of leave per year. Up to 40 hours of leave must carry over from year to year, but an employee’s total sick leave balance can be capped at 80 hours.
Employers with ten or more employees must provide paid time off; employers with fewer than ten employees may provide unpaid time off. (The rules are different for Portland employers.)
Employees may use sick leave in one-hour increments for the following purposes:
- to recover from an illness or injury
- to care for a family member with an illness or injury
- to care for a newborn or newly adopted child
- to deal with the aftermath of domestic violence, stalking, or sexual assault, and
- following the death of a family member.