House Bill 2744, also known as the Oregon Military Family Leave Act or OMFLA, was passed by the 2009 Legislature and became effective June 25, 2009. OMFLA now requires that an employer provide up to 14 days of leave to employees who are spouses of members of 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: 

1. the Armed Forces of the United States,
2. the National Guard,
3. 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 number of other provisions exist to protect service members and their spouses in employment.  Many of these laws were passed by the 2009 Legislature and most will take effect January 1, 2010, although some are effective immediately.
 
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.
 
 

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The Technical Assistance for Employers unit offers employer seminars, handbooks, and other materials covering a number of topics. For additional information, visit our website at www.oregon.gov/boli/ta or call our Employer Assistance line.

 

Technical Assistance for Employers

Bureau of Labor and Industries

800 NE Oregon Street, Suite 1045

Portland , OR 97232

971-673-0824

www.oregon.gov/boli

These materials were prepared as a general summary and teaching guide. The mission of the Technical Assistance for Employers Program is to promote compliance with civil rights and wage and hour laws through education. Technical Assistance does not provide legal advice. In order to determine the legality of any matter or to protect your legal rights, you should contact an attorney. Check the yellow pages of your telephone directory or contact the OregonState Bar Lawyer Referral Service at 1-503-620-0222 or 1-800-452-7636. THIS INFORMATION IS AVAILABLE IN AN ALTERNATE FORMAT.
 

(Updated August 2009)