OREGON VIOLENCE LEAVE LAW TAKES EFFECT

While most employment-related legislation coming out of the 2007 Oregon legislative session will not take effect until January 1, 2008, emergency legislation relating to domestic violence has already been implemented.  That bill, SB 946, became effective on May 25, 2007 and requires employers with six or more employees to provide eligible employees with unpaid leave to:

• Seek legal or law enforcement assistance or remedies to protect the health and safety of the employee or the employee's minor child or dependent, including preparing for and participating in court proceedings;
• Seek medical treatment for or recover from injuries caused by domestic violence or sexual assault on, or the stalking of, the employee or dependent in obtaining counseling from a licensed mental health professional related to an experience of domestic violence, sexual assault or stalking;
• Obtain services from a victim services provider for the employee or the employee's minor child or dependent; and
• Relocate or take steps to secure an existing home to ensure the health and safety of the employee or the employee's minor child or dependent.

To be eligible, an employee must (i) have worked an average of more than 25 hours per week for at least 180 calendar days preceding the date leave begins (the same eligibility period that OFLA requires), and (ii) be a victim of domestic violence, sexual assault or stalking, or the parent or guardian of a minor victim.

While eligible employees are entitled to take a "reasonable" amount of leave, an employer may limit the amount of leave taken if the employee's leave creates an "undue hardship."  The statute defines "undue hardship" as imposing significant difficulty and expense, but courts interpreting the statute are likely to take their lead in defining undue hardship from the ADA and other statutes, which impose a very high standard for employers to meet before they can be relieved of the duty to provide leave.

An employee requesting leave is required to provide the employer with reasonable notice, unless doing so is not feasible.  In addition, the employer can require the employee taking leave to provide an appropriate certification, and the certification must be completed within a reasonable time.

Because an employee who is refused leave or retaliated against for having exercised his or her leave rights can file a lawsuit against the employer, and if successful, recover back pay and an award of attorneys fees, as well as an order of reinstatement, you should take immediate steps to ensure that your organization is aware of and complies with this important new law.