You can take up to 12 weeks of paid leave in one benefit year.¹ A “benefit year” isn’t the same thing as a calendar year. Your benefit year will start on the Sunday before your first day of leave.² You can go to the Paid Leave Oregon website for a detailed explanation of how all of this works.

¹ Or. Rev. Stat. § 657B.020(1)
² O.A.R. 471-070-1000(4)

Under Oregon law, a bias crime happens if:

1. a person:
   
   • damages your property;
   • injures you physically; or
   • places you in fear of physical injury; and
2. they attempted or committed the crime because of your:
   
   • race;
   • color;
   • disability;
   • religion;
   • national origin;
   • sexual orientation; or
   • gender identity.¹

You can read the complete definition of a bias crime in the first degree and second degree on our Oregon Selected Statutes page.

¹ Or. Rev. Stat. § 147.380(a)

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:

• sexual assault;
• domestic violence; 
• harassment;
• bias crimes; or
• stalking.²

If your child is the victim, you can apply for safe leave as long as they:

1. are 17 years old or younger; and
2. 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)

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

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:

1. you or your child are a victim of domestic violence, harassment, sexual assault, bias, or stalking; and
2. 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)

Denying leave to an eligible employee is an “unlawful employment practice” in Oregon.¹ You can learn more about  domestic violence protections for workers on the Oregon Bureau of Labor and Industries website.

However, your employer can limit the amount of leave you take if it creates an “undue hardship” for the business. An “undue hardship” is a significant difficulty and expense to a covered employer’s business. To determine whether or not there is an undue hardship, a judge will consider both:

• the size of the employer’s business; and
• how much the business needs you.²

¹ Or. Rev. Stat. §§ 659A.277; 659A.290(2)
² Or. Rev. Stat. § 659A.275

If you take safe leave, your employer cannot:

• fire you;
• threaten to fire you;
• demote you;
• suspend you; or
• discriminate or retaliate against you in any way.¹

¹ Or. Rev. Stat. §§ 659A.277; 659A.290(2)