Unpaid leave in Oregon for Victims of Stalking
Oregon Stalking Order Attorney / Lawyer Answers Questions about Unpaid Time Off Work for Victims of Stalking
Which Oregon statute addresses leave from work for those who have been victims of Domestic Violence, Sexual Assault or Stalking? ORS 659(A).270. Warning: The law may not always be updated on this site; Thus, I list the statute.
How large must the company that you work for be in order for an employer to be required to allow those who have been victims stalking to take time off work? The statute applies to an employer who employs six or more individuals in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year.
How much must an employee work to be eligible for time off work due to being a victim of stalking behavior? The employee must work an average of more than 25 hours per week for a covered employer for at least 180 days immediately before the date the employee takes leave.
What types of situations does ORS 659(A).270 apply?
- Victim of Stalking;
- Victim of sexual assault;
- Victim of domestic violence;
- Parent guardian of a minor child or dependent who is a victim of stalking, domestic violence and/or sexual.
To what extent is an employer required to provide time off work for a victim of stalking?
- To seek legal or law enforcement assistance or remedies 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 stalking.
- To seek medical treatment for or to recover from injuries caused by stalking of the eligible employee or the employee’s minor child or dependent.
- To obtain, or to assist a minor child or dependent in obtaining, counseling from a licensed mental health professional related to an experience of stalking.
- To obtain services from a victim services provider for the eligible employee or the employee’s minor child or dependent.
- 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.
What if allowing a victim of domestic violence take time off work causes an undue hardship on the employer’s business? An undue hardship means a significant difficulty and expense to a for the employer’s business, which includes consideration of the size of the employer’s business and the employer’s critical need for the employee who has been a victim of stalking. In these circumstances, an employer may limit the amount of leave that an employee who is a victim of stalking takes.
What if an employer threatens to fire, demote or any way retaliate against an employee for taking time off work for stalking issues? It is considered an unlawful employment practice.
So what can be done if an employer refuses to let a victim of stalking miss work?
- Seek legal advice from an attorney;
- File a complaint with the Bureau of Labor and Industries (BOLI) within one year of being denied leave. Call 971-673-0761 or go to: BOLI
- If you work for the government, you must send a tort claim notice within 180 days. You should contact an attorney to help you with this to make sure it is done properly.
Is my time off work to deal with stalking issues paid? No. However, If a victim of stalking has the right type of case and the abuser has sufficient assets, it is possible that a civil lawsuit may be filed to cover non-economic damages and forseeable, documented economic damages related to the stalking.
How does a victim of stalking request time off? If possible, written notice should be given, along with a written statement that the employee has been a victim of stalking behavior. An employer can require documents in relation the stalking behavior, such as a copy of a police report, stalking order or a letter from an attorney or counselor.
Is the portion of my employment records that indicates that a person needed time off to deal with stalking issues confidential? Yes. It is required under ORS 659A.280(5)