Time off Work in Oregon for Victims of Domestic Violence, Stalking, Sexual Assault, and Harassment
What types of Oregon abuse cases allow for time off? See: ORS 659(A).270
- Victim of domestic violence;
- Victim of harassment under ORD 166.065 (Harassment).
- Victim of sexual assault;
- Victim of Stalking;
- Parent guardian of a minor child or dependent who is a victim of domestic violence, sexual assault or stalking.
What kind of employer is required to allow victims of abuse miss work? An employer who employs six or more individuals in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year. 659A.270(1)
To what extent is an employer required to provide time off work for a victim of abuse? (See ORS 659A.272)
- To seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the employee’s minor child or dependent, including preparing for and participating in protective order proceedings or other civil or criminal legal proceedings related to domestic violence, sexual assault or stalking.
- To seek medical treatment for or to recover from injuries caused by domestic violence or sexual assault to or stalking of the eligible employee or the employee’s minor child or dependent.
- To obtain, or to assist a minor child or dependent in obtaining, counseling from a licensed mental health professional related to an experience of domestic violence, sexual assault or stalking.
- To obtain services from a victim services provider for the eligible employee or the employee’s minor child or dependent.
- To relocate or take steps to secure an existing home to ensure the health and safety of the eligible employee or the employee’s minor child or dependent.
What if allowing a victim of abuse time off causes an undue hardship on the business? An undue hardship means a significant difficulty and expense to a for the employer’s business, which includes consideration of the size of the employer’s business and the employer’s critical need for the employee who has been a victim of domestic violence. In these circumstances, an employer may limit the amount of leave that an employee who is a victim of domestic violence takes. See: ORS 659A.275
What if an employer threatens to fire, demote or any way retaliate against an employee for taking time off work for abuse issues? It is considered an unlawful employment practice. See
What can be done if an employer refuses to let a victim of abuse take time off?
- Seek legal advice from an attorney;
- File a complaint with the Bureau of Labor and Industries (BOLI) within one year of being denied leave. Call 971-673-0761 or go to: BOLI
- If you work for the government, you must send a tort claim notice within 180 days. You should contact an attorney to help you with this to make sure it is done properly.
Is my time off work to deal with abuse paid? No. However, if a victim of domestic violence has a strong enough case and the abuser has sufficient assets, a civil lawsuit may be filed to cover non-economic damages and documented economic damages related to the abuse, such as time off work and medical bills.
How should a victim of abuse request time off? If possible, written notice should be given to the employer clearly stating the victim is dealing with an abusive situation. Of course, verbal notice is better than no notice in an emergency situation.
Is the portion of my employment records that indicates that a person needed time off to deal with abusive situations confidential? Yes. It is required under ORS 659A.280(5).
Which Oregon statute addresses leave from work for those who have been victims of Domestic Violence, Sexual Assault or Stalking? ORS 659(A).270 and.