The Oregon Military Family Leave Act (OMFLA) requires that an employer provide up to 14 days of leave to an employee who is the spouse or same-sex domestic partner of a member of the military forces that are on active duty. OMFLA also makes failure to grant such leave, or discriminating against a spouse for requesting or taking such a leave, an unlawful employment practice. ORS 659A.090-.099.
Q. What types of employers and employees are affected?
A. Any employer already covered by the Oregon Family Leave Act (OFLA) is covered by the Oregon Military Family Leave Act. Generally speaking, any employer with 25 or more employees in Oregon is covered.
An employee who takes military family leave is entitled to be restored to a position of employment and to the continuation of benefits as provided in ORS 659A.171 just like an employee taking OFLA-protected leave.
Q. When can the spouse of a military service member take leave?
A. During a period of military conflict, an employee who is a spouse of a member of:
- the Armed Forces of the United States,
- the National Guard,
- or the military reserve forces, who has been notified of:
a) an impending call or order to active duty, or
b) impending leave from deployment
is entitled to a total of 14 days of unpaid leave per deployment before deployment and/or during leave from deployment.
An employee who intends to take leave must provide the employer with notice of their intention within five business days of receiving official notice of an impending call or order to active duty or of a leave from deployment. An employee who takes leave authorized under this section may choose to substitute any accrued leave to which the employee is entitled for any part of the leave. Military family leave counts against an employee’s general OFLA leave entitlement (ORS 659A.162(1)).
Q. What are the prohibitions in this law, and what penalties apply to employers for non-compliance?
A. It is an unlawful practice for an employer to deny military family leave to an employee who is entitled to such leave, or retaliate, or in any way discriminate, against an individual with respect to hire or tenure or any other term or condition of employment because the individual has inquired about or submitted a request for military family leave.
Employees who believe their employer has violated the law are authorized to file a complaint with BOLI. Complaints must be filed within one year from the date of harm.
Q: What other employment protections exist for service members?
A: A number of other provisions exist to protect service members and their spouses in employment.
FAQs on each of the following laws can be found on BOLI’s main FAQ site: employment protections for service members, federal military leave provisions, and veteran’s hiring preference for public employers.
Updated November 2013
Nothing on this
website is intended as legal advice. Any responses to specific questions
are based on the facts as we understand them, and not intended to apply to any
other situations. This communication is not an agency order. If you
need legal advice, please consult an attorney. We attempt to update the
information on this website as soon as practicable following changes or
developments in the laws and rules affecting Oregon employers, but we make no
warranties or representations, express or implied, about whether the
information provided is current. We urge you to check the applicable
statutes and administrative rules yourself and to consult with legal counsel
prior to taking action that may invoke employee rights or employer responsibilities
or omitting to act when required by law to act.
TECHNICAL ASSISTANCE FOR EMPLOYERS
800 NE OREGON STREET, STE 1045
THIS INFORMATION IS AVAILABLE IN AN ALTERNATE FORMAT