Oregon’s Victims of Certain Crimes Leave Act

The Oregon’s Victims of Certain Crimes Leave Act (OVCCLA) went into effect on January 1, 2010.  OVCCLA provides employees who are victims of domestic violence, sexual assault, or stalking:

the law

  • Employees who are victims are entitled to protection from job discrimination based on their status as a victim.
  • Employers must provide reasonable workplace safety accommodations for employees who are victims.
  • Some employees who are victims are entitled to reasonable time off from work to address safety related manners.

Employers are required to give reasonable leave under OVCCLA:

  • If they had, this year or last year, at least six employees during 20 or more work weeks per year.
  • The original law stated that the employee had to work for more than 25 hours a week during the last six months to be eligible for leave.  Effective January 1, 2014 the law is being amended and this requirement is being removed.  Employers will be required to provide the reasonable accommodations from the first day of employment.
  • Leave from work must be provided to eligible employees to attend to safety-related matters.  Advance notice of leave should be provided when possible.  Leave is not required to be paid, but employees may use accrued paid leave.

Employers may grant an employee leave from work based on the employee’s statement that he or she is a victim.  However, as an employer you have the right to ask the victim for documentation.  The following are the items that may be used for certification:

  • Court documents.
  • Law enforcement papers.
  • Documentation from attorney, counselor, victim service provider, health care professional or clergy member.

This law is still vague in the amount of time considered reasonable.  If you have employee request leave under this law and have questions regarding implementing the leave please consult with your attorney.

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