(Thanks to Barran Liebman attorneys for permission to reprint the article)
Governor Kulongoski signed a new law that permits employees who are victims of domestic violence, sexual assault or stalking to take unpaid leave from work for a reasonable period of time to seek assistance. The law applies to victims, as well as parents or guardians of minor children who are victims.
The law applies to employers with 6 or more employees in Oregon for each working day during 20 or more calendar workweeks in the year in which an eligible employee takes leave. An employee is eligible to take leave if s/he 1) has worked an average of more than 25 hours per week for at least 180 days immediately before the date the employee takes leave; 2) is a victim of domestic violence, sexual assault or stalking or is a parent or guardian of a minor child or dependent who is a victim; and 3) leave is for an authorized purpose. An “authorized purpose” includes seeking legal or law enforcement assistance or remedies; seeking medical treatment or recovering from injuries; obtaining counseling or services from a victim services provider; or relocating or taking steps to secure a safe home for the employee or minor child.
Unless required by contract, collective bargaining agreement or employer policy, an employer is not required to grant paid leave; however, an employer must permit the employee to use any accrued vacation or other paid leave. An employee must give the employer reasonable advance notice of the intention to take leave unless unfeasible and the employer may require certification of the need for leave. All information and documentation pertaining to the leave, including the fact the employee requested or obtained leave, must be kept strictly confidential and cannot be released without the employee’s express authorization.
Except where it would impose undue hardship, an employer must provide domestic violence leave to an eligible employee. Moreover, an employer is prohibited from discriminating or retaliating against an employee who requests and or takes leave.
The domestic leave law became effective on May 25, 2007. Employers should review and revise leave and other affected policies to ensure immediate compliance. Documents pertaining to an employee’s leave should be kept in a separate file from the employee’s personnel file and access should be restricted. Depending on the circumstances, domestic violence leave may overlap with other types of unpaid leave, including family and medical leave, leave provided as a reasonable accommodation under disability laws, and leave for victims of crime.
