Effective January 1, 2004, Oregon employers will be required to offer Crime Victim's Leave to qualified employees. Failure to provide leave as appropriate is an unfair labor practice enforceable under ORS 659A. This law is a major change, and companies should update their employee handbooks to reflect the law.
Employers who have to provide the leave are those who have six (6) or more employees for each working day during each of 20 or more calendar workweeks in the year in which an eligible employee takes leave. In order to be eligible for the leave the employee must have worked 25 hours per week for at least 180 days immediately before the leave. This is an unpaid leave.
The employee must be the victim of the crime, and may request the leave to attend a court proceeding (criminal, juvenile, or other). The employee must provide reasonable notice of their intention to take the leave, and the employer may require copies of all notifications of hearing dates. If providing the leave presents an "undue hardship" for the employer, there are certain steps that must be followed by both the employer and the employee. If you think granting such leave creates an undue hardship you should consult your legal counsel.
If you would like assistance in reviewing your employee handbook to ensure compliance with this and other laws, be sure to consult your attorney.