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EspañolWho is eligible for safe leave?
You may be eligible for safe leave if:
- you’re an employee in Oregon; and
- you made at least $1,000 in your base year.1
Note: A “base year” is not the same thing as a calendar year. You can go to the Paid Leave Oregon website for a detailed explanation of how Oregon defines a base year.
You can apply for safe leave if you or your child have been the victim of any of the following crimes:
If your child is the victim, you can apply for safe leave as long as they:
- are 17 years old or younger; and
- have one of these relationships to you, your spouse, or your domestic partner:
- a biological child;
- an adopted child;
- a stepchild;
- a foster child;
- a legal ward; or
- a child with whom you, your spouse, or your domestic partner have had a parental relationship.3
Note: If you, your spouse, or your domestic partner have one of these relationships with a person who is age 18 or older, you can apply for safe leave if:
- they have been a victim of one of the crimes listed above; and
- they are an adult dependent who is substantially limited by a physical or mental disability.4
1 Or. Rev. Stat. § 657B.010(12)
2 Or. Rev. Stat. § 659A.270(2); see also O.A.R. 471-070-0010(1), Or. Rev. Stat. § 657B.020(1)(c)
3 Or. Rev. Stat. § 657B.010(6)
4 O.A.R. 471-070-1000(8)
Who is not eligible for safe leave?
People who are not covered include:
- individuals participating in state or federal work training assistance programs;
- undergraduate or graduate students in work study programs;
- railroad workers exempted under the federal Railroad Unemployment Insurance Act;
- volunteers;
- judges;
- members of the Legislative Assembly; and
- public officials.1
People who are not automatically covered include:
- someone who is self-employed;
- an independent contractor; or
- an employee of a tribal government.2
However, tribal governments or people who work for themselves can choose to add this coverage.1 You can read the law about adding coverage on our Selected Oregon Statutes page. You can also see more information on the Paid Leave Oregon website.
1 Or. Rev. Stat. § 657B.010(14)(b)
2 Paid Leave Oregon website; see also Or. Rev. Stat. § 657B.015(2), (3); Or. Rev. Stat. § 657B.130
How do I apply for safe leave?
If your employer has its own “equivalent plan,” you must apply under that plan instead of the state’s paid leave plan.1 An “equivalent plan” is a Paid Family and Medical Leave Insurance (PFMLI) plan that:
- is approved by the Employment Department; and
- provides benefits that are equal to or greater than the benefits provided by the Paid Leave Oregon program.2
If your employer has one, they can tell you how to apply.
If you need to apply for benefits under the state plan, go to the Paid Leave Oregon website.
1 O.A.R. 471-070-1100(2)
2 O.A.R. 471-070-2200
Do I have to tell my employer in advance that I’m going to be using safe leave?
You’re supposed to give your employer “reasonable advance notice” when you know you’re going to be taking safe leave in the future. However, if there’s an emergency and it’s not possible to tell your employer in advance, the notice is not required.1
1 Or. Rev. Stat. § 659A.280(1)
Will I have to give my employer any documentation?
Your employer isn’t required to ask you for proof, but they can choose to. If they ask, you will have a reasonable amount of time to provide certification that:
- you or your child are a victim of domestic violence, harassment, sexual assault, bias, or stalking; and
- you’re taking leave for one of the reasons allowed under the law.1
The certification can be any of the following documents:
- a copy of a police report which shows that you or your child were the victim of domestic violence, harassment, sexual assault, bias, or stalking;
- a copy of a protective order or other evidence from a court, an administrative agency, or an attorney that you appeared in or were preparing for a legal proceeding related to domestic violence, harassment, sexual assault, bias, or stalking; or
- other documentation which:
- comes from an attorney, law enforcement officer, health care professional, licensed mental health professional or counselor, member of the clergy, employee of the Department of Justice division providing victim and survivor services, or victim services provider; and
- shows that you or your child were undergoing treatment or counseling, obtaining services, or relocating as a result of domestic violence, harassment, sexual assault, bias, or stalking.2
1 Or. Rev. Stat. § 659A.280(2), (3)
2 Or. Rev. Stat. § 659A.280(4)
