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Military Duty Leave for Employees in Oregon

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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Oregon employers must provide employees with leave for military duty in accordance with these state rules.

When an employee who is a member of the Oregon state militia is called to active service, the employee must be granted a leave of absence until released from active service.

The employee's position can be considered vacant only during the leave, and the person may not be removed or discharged from the position because of the leave.

Employers are not required to pay wages or other compensation to employees on leave.

Reinstatement

An employee must return to work within seven days of termination of leave taken as a member of the organized militia.

After completing military leave, the employee must be restored to that position or an equivalent position without loss of seniority, vacation credits, sick leave credits, service credits under a pension plan, continuation of health care to any individual covered under the employee's plan or any other employee benefit or right that had been earned at the time of the leave of absence.

Family Military Leave

Under the Oregon Family Military Leave Act, employers of 25 or more persons are required during a period of military conflict to provide 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 of the United States who has been notified of an impending call, order to active duty or who has been deployed a total of 14 days of unpaid leave per deployment after the military spouse has been notified of an impending call or order to active duty and before deployment and when the military spouse is on leave from deployment.

An employee who takes family military leave may elect to substitute any accrued leave to which the employee is entitled.

It is an unlawful practice for an employer to fail to grant leave or discriminate against a spouse for exercising the right to military leave.

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