Oregon’s Other “Safe Leave” Law: What Employers Need to Know

When Paid Leave Oregon (PLO) came into effect in 2023, it introduced paid Safe Leave coverage for victims of domestic violence, harassment, sexual assault, bias, or stalking, including coverage for an employee’s minor dependents. This brought new attention to these protections, and many employees became aware of them for the first time.

However, these rights didn’t start with PLO. Oregon has provided protections for victims of domestic violence since 2007. While PLO provides up to 12 weeks of protected, paid leave, Oregon’s Leave Law for Victims of Domestic Violence, Harassment, Sexual Assault, Stalking, or Bias (Domestic Violence Leave Law) provides protected but unpaid leave and does not set a specific maximum duration. Instead, it allows a “reasonable” amount of leave. Because this earlier law is less well known, many employees still don’t realize the full protections available to them.

What does Oregon’s Domestic Violence Leave Law require employers to do?

This leave law requires covered employers to provide protected leave to eligible employees for reasons related to domestic violence, harassment, sexual assault, stalking, or bias.

What employers are covered?

A covered employer is an employer with six or more individuals working in the state of Oregon for 20 or more calendar workweeks in the year or the previous year in which the employee takes leave. Keep in mind that even if an employer has less than six employees, an employee could still take safe leave through PLO.

Who is eligible?

An eligible employee is defined as:

• An employee who is a victim of domestic violence, harassment, sexual assault, bias, or stalking, or
• An employee who is the parent or guardian of a minor child who is a victim of domestic violence, harassment, sexual assault, bias, or stalking.

There is no minimum length of employment or hours worked requirement, which means employees may be eligible for leave on their first day of employment.

What are the eligible reasons for taking leave?

Employees may take leave for the following reasons:

• To seek legal or law enforcement assistance 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, harassment, sexual assault, bias, or stalking;
• To seek medical treatment for, or to recover from, injuries caused by domestic violence, sexual assault, harassment, stalking, or bias crimes against the employee or the employee’s minor child or dependent;
• To obtain, or assist a minor child or dependent in obtaining, counseling from a licensed mental health professional related to an experience of domestic violence, harassment, sexual assault, bias, or stalking;
• To obtain services from a victim services provider for the eligible employee or the employee’s minor child or dependent; and
• 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.

How much leave may employees take?

There is no set amount of leave under this law. Employees may take a “reasonable” amount of leave of any duration, unless it creates an undue hardship on the employer’s operations.

An undue hardship is a significant difficulty or expense to the employer’s business and must be evaluated on a case-by-case basis based on the size of the employer and the operational need for the employee to be at work. However, employers should be cautious when claiming undue hardship, as the burden is generally on the employer to demonstrate it.

Is this leave paid or unpaid?

Unless an employee is taking leave under PLO, this leave is unpaid. However, employees have the right to use company-provided leave, such as vacation, sick, or PTO, while taking leave.

Can we ask for any proof of the need for leave?

Yes, employers may request certification that the employee or their minor child or dependent is a victim of domestic violence, harassment, sexual assault, bias, or stalking and that the leave is needed for one of the qualifying reasons listed above. Employees may generally provide the following as certification:

• A copy of a police report;
• A copy of a protective order or other evidence from a court, administrative agency, or attorney; or
• Documentation from an attorney, law enforcement officer, health care professional, licensed mental health professional, member of the clergy, or employee of the Department of Justice.

How does this leave law interact with PLO?

Employees cannot be required to apply for PLO. An employee could choose to take leave under Oregon’s Domestic Violence Leave Law without applying for PLO.

Additionally, PLO does not provide job protections until an employee’s 90^th day of employment. However, employees may still have job protections under Oregon’s Domestic Violence Leave Law during this time. Employers should avoid taking any adverse action against employees for taking this leave and should be especially cautious when issues arise during an employee’s first 90 days, as the laws may run concurrently.

Oregon’s leave laws can be complex, especially where multiple laws may apply at the same time. Employers should take care to evaluate all available protections before making decisions about leave or attendance. For more information on leave for victims of domestic violence, harassment, sexual assault, stalking, or bias and how these laws interact, please visit our  FAQs. You can also contact us at compliance@cascadeemployers.com with any questions.