No federal or state law requires employers to provide paid or unpaid vacation time for their employees. However, if employers choose to offer a vacation leave, paid or unpaid, to their employees it must comply with applicable state law or employment contract.
The rollover policy
- Statutory Provisions Addressing Vacation Pay
Paid vacation, if offered, is considered wages (see State ex rel. Nilsen v. Or. State Motor Ass’n, 432 P.2d 512 (Or. 1967)).
- Use-It-or-Lose-It Policy
The state of Oregon has no statute governing the policy.
- Payment of Accrued Vacation on Termination
Not required by state law; depends on employer’s written policies, agreements, and past practices (Oregon Bureau of Labor and Industry: Technical Assistance for Employers: Benefits).
Sick and Safe Leave
Employers with 10 or more employees (unpaid if fewer than 10) or employers in large cities (500,000+ population) with six or more employees anywhere in the state (unpaid if fewer than six) are required to provide employees with paid sick and safety leave. This applies to all employees.
Employers are required to give 1 hour for every 30 hours worked or one and one-third hour for every 40 hours worked. Frontloading is permitted. The annual accrual cap is 40 hours. Employees are allowed to use a maximum of 40 hours per year.
Sick leave covers the following reasons:
Employee’s or a family member’s illness, injury or condition; preventive care; to care for an infant or newly adopted child or newly placed foster child; employee’s or family member’s serious health condition; to care for a child who does not have a serious health condition, but needs home care; reasons related to domestic violence, harassment, sexual assault or stalking; bereavement; donation to co-worker if allowed by employer.
Maternity, Paternity, FMLA
In addition to the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, Oregon has the following laws regarding Maternity and Paternity Leave:
Oregon Family Leave Act (OFLA)Employers with 25 or more employees are required to provide employees with a total of 12 weeks of unpaid family leave within any one-year period or an additional 12 weeks for any OFLA purpose for women who are taking any pregnancy-related disability leave.
Eligible employees must have worked for a covered employer for at least 180 days and averaged at least 25 hours per week during the 180 days prior to the leave.
Leave is provided for the following purposes:
- Care for an infant or newly adopted child under 18 years old, or for a newly placed foster child under 18 (or a child older than 18 if the child has a mental or physical disability) Leave must be taken within 12 months after the birth or placement of a child.
- Care for a family member with a serious health condition
- Recover from or seek treatment for a serious health condition of the employee that renders the employee unable to perform at least one essential function of the employee’s position
- Care for the employee’s child who has an illness, injury or condition that is not a serious health condition, but does require home care
- Grieve the death of a family member (two weeks of leave is offered), attend the funeral or alternative to a funeral, or make arrangements necessitated by the death (leave must be taken within 60 days of the employee being notified of a family member’s death).***
Oregon passed paid Family and medical leave law. Employers in Oregon must provide up to 12 weeks of paid leave to eligible employees beginning January 1, 2023.
The new law requires employers to provide their workers with a maximum of 12 weeks of paid leave, with a total paid and unpaid leave capped at 16 weeks or up to 18 weeks for women who experience complications due to pregnancy or childbirth.
Jury Duty Leave
Employers must allow employees to take unpaid leave to respond to a summons for jury duty. An employer may not require an employee to use vacation, sick, or annual leave for time spent responding to a jury summons. An employer may not discharge, threaten to discharge, or intimidate any employee due to the employee’s service or scheduled service as a juror.
No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
Oregon does not have a law that requires an employer to grant its employees leave, either paid or unpaid, to vote.
Oregon Military Family Leave Act (OMFLA)
Employers with 25 or more employees in Oregon must provide eligible employees with up to 14 days of unpaid protected military family leave when an employee’s spouse or same-sex domestic partner is called to active duty or has impending leave from deployment during a period of military conflict. To be eligible, an employee must have been employed for 180 days immediately preceding the leave and have worked at least an average of 25 hours per week during the 180-day period.
An eligible employee is entitled to take OMFLA leave if his or her spouse is a member of the U.S. Armed Forces, National Guard or military reserves and has an impending call to active duty or impending leave from deployment. Leave must be granted per deployment and may be used before and/or during leave from deployment.
An employer may not deny leave or discriminate against a spouse for requesting leave under the OMFLA. An employee must provide his or her employer with notice of the intention to take leave within five business days of receiving official notice of an impending call to duty or leave from deployment. An employee may elect to substitute accrued paid leave in lieu of the unpaid leave under the OMFLA. Leave taken under the OMFLA may be included in the total amount of leave authorized under the OFLA if the employee is also eligible for OFLA leave. Employers with 50 or more employees are also subject to the FMLA. Where an employee’s need for OMFLA leave is also covered by the FMLA’s Qualifying Exigency entitlements, the employer may run OMFLA and FMLA leave concurrently.