Code: GCBDC/GDBDC
Adopted: 2/19/14
Revised/Readopted: 6/20/17, 4/11/2023
Orig. Code: GCBDC/GDBDC 

Definitions

1. “Covered employer” means an employer who employs six or more individuals in the state of Oregon for each working day through each of 20 or more calendar work weeks in the year in which the eligible employee takes leave to address domestic violence, harassment, sexual assault or stalking or in the year immediately preceding the year in which an eligible employee takes leave for domestic violence, sexual assault, harassment or stalking.
   
   
2. “Eligible employee” means an employee who is a victim of domestic violence, harassment, sexual assault, or stalking or is the parent or guardian of a minor child or dependent who is a victim of domestic violence, sexual assault, harassment or stalking.
   
   
3. “Protective order” means an order authorized by Oregon Revised Statute (ORS) 30.866, 107.095(1)(c), 107.700 to 107.735, 124.005 to 124.040 or 163.730 to163.750 or any other order that restrains an individual from contact with an eligible employee of the employee’s minor child or dependent.
   
   
4. “Victim of domestic violence” means an individual who has been a victim of abuse as defined by ORS 107.705 or any other individual designated as a victim of domestic violence by rule adopted under ORS 659A.805.
   
   
5. “Victim of harassment” means an individual against whom harassment has been committed as described in ORS 166.805 and any other individual designated as a victim of harassment by rule adopted under ORS 659A.805.
   
   
6. “Victim of sexual assault” means an individual against whom a sexual offense has been committed as described in ORS 163.467 or 163.525 or any other individual designated as a victim of sexual assault by rule adopted under ORS 659A.805.
   
   
7. “Victim of stalking” means an individual against whom stalking has been committed as described in ORS 163.732 or any other individual designated as a victim of stalking by rule adopted under ORS 695A.805; or an individual who has obtained a court’s stalking protective order or a temporary court’s stalking protective order under ORS 30.866.
   
   
8. “Victim services provider” means a prosecutor-based victims assistance program or a nonprofit program offering safety planning, counseling, support, or advocacy related to domestic violence, harassment, sexual assault, or stalking.

An ESD (covered employer) shall allow an (eligible) employee to take reasonable leave for any of the following reasons:

1. 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 domestic violence, harassment, sexual assault, or stalking;
   
   
2. To seek medical treatment for or to recover from injuries caused by domestic violence, sexual assault, harassment or stalking of the eligible employee or the employee’s minor child or dependent;
   
   
3. To obtain or assist a minor child or dependent in obtaining counseling from a licensed mental health professional related to an experience of domestic violence, harassment, sexual assault, or stalking;
   
   
4. To obtain services from victims services provider for the eligible employee or the employees minor child or dependent;
   
   
5. To relocate or take steps to secure an existing home to ensure health and safety of the eligible employee or the employee’s minor child or dependent.

The ESD may limit the amount of leave, if the employee’s leave creates an undue hardship on the ESD.

The ESD shall not deny leave to an employee or discharge, threaten to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regards to promotion, compensation or other terms, conditions or privileges of employment as a result of taking such leave.

The employee shall give the ESD reasonable advance notice of their intent to take leave unless giving advance notice is not feasible.

The ESD may require the employee to provide certification that:

1. The employee or minor child or dependent is a victim of domestic violence, harassment, sexual assault or stalking; and
   
   
2. The leave is taken for one of the identified purposes in this policy.

Sufficient certification includes:

1. A copy of a police report indicating the employee or child or dependent was a victim of domestic violence, harassment, sexual assault ,or stalking
   
   
2. A copy of a protective order or other evidence from a court, administrative agency, or attorney that the employee appeared in or was preparing for a civil, criminal or administrative proceeding related to domestic violence, harassment, sexual assault, or stalking.
   
   
3. Documentation from an attorney, law enforcement officer, health care professional, licensed mental professional or counselor, member of the clergy or victims services provider that the employee/child/dependent was undergoing counseling, obtaining services or relocating as a result of domestic violence, harassment, sexual assault, or stalking.

All records and information kept by the ESD regarding the employee’s leave, including the request or obtaining of leave is confidential and may not be released without the express permission of the employee unless otherwise required by law. This information will be kept in a file separate from the employee’s personnel file.

The employee may use accrued paid leave that is offered by the ESD, including personal, sick, and vacation leave. The employer may choose the order in which paid accrued leave is to be used when more than one type of paid leave is available, consistent with Board policies and/or any collective bargaining agreement. 

END OF POLICY 

Legal Reference(s): 

• ORS 192.355(38)
  
• ORS 659A.270 - 659A.290