Oregon

Taking Time Off from Work

Sick & Safe Time

• • If your employer has 10 or more employees (or 6 or more employees if your employer has a location in Portland) you have the right to earn and take up to 40 hours of paid sick time per year.
  • If your employer has fewer than 10 employees (or fewer than 6 if your employer has a location in Portland), you have the right to earn and take up to 40 hours of unpaid, job-protected sick time per year.
  • Under the law, you earn sick time at the rate of one hour for every 30 hours you work.
  • Sick time under this law can also be used:
    • To bond with a newborn, newly adopted child, or newly placed foster child under the age of 18;
    • To deal with the death of a family member;
    • When your place of business is closed by order of a public health official due to a public health emergency or to care for a child whose school or childcare provider has been closed by order of a public health official due to a public health emergency;
    • When a public health official or healthcare provider determines that you or a family member presents a public health risk; or
    • For “safe time” purposes to address certain needs, including non-medical needs, that may arise if you or your minor dependent child is a victim of domestic violence, a sexual offense, or stalking.
  • For more information about your rights, see here.

Paid Family & Medical Leave

• Almost all employees in Oregon are covered under the paid family and medical leave law.
• To qualify for benefits, you must have earned at least $1,000 during the base year. The base year is the first 4 of the last 5 completed quarters or the 4 most recently completed quarters. You can combine income from more than one employer.
• This law provides paid leave to covered employees who need time off of work to address their own serious health condition (which can include pregnancy-related needs), bond with a child within one year of the child’s birth or placement for foster care or adoption, care for a family member with a serious health condition, or address certain medical and non-medical needs arising from domestic violence, harassment, sexual assault, or stalking (also known as “safe leave”).
• If you are taking leave under this law, you may qualify for up to 12 weeks of leave a year.
• In total, you may qualify for up to 12 combined weeks of leave in any benefit year.
• You will receive up to 100% of your average weekly wage up to an amount equal to 65% of the statewide average weekly wage and 50% of your average weekly wage above an amount equal to 65% of the statewide average weekly wage, up to a cap.
• If you have been employed by your employer for at least 90 days before taking leave, your employer must hold your job for you (and continue your health benefits, if you have them). You may also have job protection under other laws, such as the Family and Medical Leave Act or the Oregon Family Leave Act (discussed below).
• For more information about your rights under this law, see here.

Unpaid Family & Medical Leave

• • Only about half of all private sector workers in the U.S. are covered by the law. You must (1) work for the government or a company with 50 or more employees within 75 miles of your worksite; and (2) have worked with your employer for at least 1 year; and (3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for your own serious medical needs, including those related to pregnancy and recovery from childbirth. You may also take the leave on an intermittent basis or may work on a reduced schedule.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
  • For more information about the FMLA, see here.

• • You are eligible for OFLA leave if 1) your workplace has 25 or more employees (the FMLA requires 50); 2) you have worked for your employer for at least 180 days (the FMLA requires a year); and 3) you have worked at least 25 hours per week during the 180 days before you take OFLA leave.
    • During a declared public health emergency, you are eligible for OFLA leave if 1) your workplace has 25 or more employees; 2) you have worked for your employer for at least 30 days; and 3) you have worked at least 25 hours per week during the 30 days before you take OFLA leave. Additionally, during a declared public health emergency, you may be eligible for OFLA leave if you otherwise meet the above eligibility requirements, but were temporarily out of work and then were reemployed by your same employer within 180 days of separation from employment.
  • If you are covered, you can take OFLA to:
    • recover from or seek treatment for your own serious health condition (including a disability related to pregnancy or childbirth);
    • care for or bond with a child within 1 year of the child’s birth or placement for adoption or foster care;
    • care for a family member with a serious health condition;
    • care for a child who is sick (but not seriously ill) and needs care at home or whose school or childcare provider is closed due to a public health emergency; or
    • deal with the death of a family member within 60 days of the family member’s death (for a maximum of two weeks per family member).
  • You can take 12 weeks of leave for a pregnancy or childbirth-related disability in addition to 12 weeks of leave available for other qualifying reasons.
  • For more information about the OFLA, see here.

• If you were hurt while working or became sick as a result of your job, you may also be entitled to paid benefits and other protections through Workers’ Compensation.
• If you lose your job due to your own medical needs, you may still be able to get Unemployment Insurance. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility.

Reasonable Accommodations and Anti-Discrimination Laws 

• Oregon’s anti-discrimination law bans disability discrimination at workplaces with 6 or more employees. Should your disability require some changes to your position, your boss must provide you with a reasonable accommodation so that you can perform your job, unless it would be very difficult or expensive for them to do so. A reasonable accommodation can include anything from changes to your workspace to modifying your work schedule to restructuring your job.
• Under Oregon law, if you work for an employer with 6 or more employees, your employer has to provide you with reasonable safety accommodations at work if you are a victim of domestic violence, a sexual offense, or stalking, unless it would be really difficult or expensive. Reasonable safety accommodations may include, but are not limited to, unpaid leave; a transfer, reassignment, or modified work schedule; a changed work telephone number; an installed lock; and other adjustments to job structure, workplace facilities, or work requirements. For more information, see here.
• The Americans with Disabilities Act (ADA) requires employers in the U.S. with 15 or more employees to provide reasonable accommodations to workers with disabilities and makes it illegal for employers to discriminate against workers with disabilities. Disability is defined as a physical or mental impairment that substantially limits one or more major life activities, which can include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. This means:
  • Your boss cannot fire you, refuse to give you a promotion, or harass you because you have a disability.
  • If you have a disability, your boss cannot refuse to give you small changes at work that you need to stay healthy, like breaks to take medication, temporary relief from heavy lifting, or a stool to sit on during your shift. These changes are called “reasonable accommodations” and are available as long as you can still complete the basic duties of your job with those changes. Your boss does not have to give you an accommodation that would be very difficult or expensive, like building a whole new office.

When a child or family member gets sick or injured—be it with a bad cold or a more serious illness or injury—you may need to take some time off from work to care for them. Federal, state, and local laws may give you time off when you need it and protect you from employment discrimination.

Taking Time Off from Work

Sick & Safe Time

A paid sick time law typically provides short-term time off, often in increments of hours or days. Sick time can typically be used if you need time off because you have a shorter-term illness (such as a bad cold), you need to attend a medical appointment be it for illness or preventative care, you need to care for a loved one who is ill, or you need to address needs related to domestic violence. 

If you are covered, the Oregon Paid Sick Leave Law gives you the right to time off, without losing your job, if you need to recover from physical/mental illness or injury; seek medical diagnosis, treatment, or preventative care; care for a family member who is ill or needs medical diagnosis, treatment, or preventative care.

• • If your employer has 10 or more employees (or 6 or more employees if your employer has a location in Portland) you have the right to earn and take up to 40 hours of paid sick time per year.
  • If your employer has fewer than 10 employees (or fewer than 6 if your employer has a location in Portland), you have the right to earn and take up to 40 hours of unpaid, job-protected sick time per year.
  • Under the law, you can take sick time to care for yourself or a child; spouse; registered domestic partner; parent; grandchild; grandparent; sibling; or the parent of a spouse or registered domestic partner.
  • Under the law, you earn sick time at the rate of one hour for every 30 hours you work.
  • Sick time under this law can also be used:
    • To bond with a newborn, newly adopted child, or newly placed foster child under the age of 18;
    • To deal with the death of a family member;
    • When your place of business is closed by order of a public health official due to a public health emergency or to care for a child whose school or childcare provider has been closed by order of a public health official due to a public health emergency;
    • When a public health official or healthcare provider determines that you or a family member presents a public health risk; or
    • For “safe time” purposes to address certain needs, including non-medical needs, that may arise if you or your minor dependent child is a victim of domestic violence, a sexual offense, or stalking.
  • For more information about your rights, see here.

Under Oregon law, if you work for an employer with 6 or more employees, your employer has to provide you with reasonable safety accommodations at work if you are a victim of domestic violence, a sexual offense, or stalking, unless it would be really difficult or expensive. Reasonable safety accommodations may include, but are not limited to, unpaid leave; a transfer, reassignment, or modified work schedule; a changed work telephone number; an installed lock; and other adjustments to job structure, workplace facilities, or work requirements. For more information, see here.

Paid Family & Medical Leave

Paid family and medical leave is usually a longer-term leave of up to a few months (though can often be taken in smaller increments) if you need to bond with a new child, have a serious health condition, are caring for a loved one with a serious health condition, or have certain military family needs.

Beginning September 3, 2023, if you work in Oregon, you may be eligible for paid family and medical leave.

• Almost all employees in Oregon are covered under the paid family and medical leave law.
• To qualify for benefits, you must have earned at least $1,000 during the base year. The base year is the first 4 of the last 5 completed quarters orthe 4 most recently completed quarters. You can combine income from more than one employer.
• If you are covered, you may be eligible for up to 12 weeks of paid leave per year to bond with a child within one year of the child’s birth or placement for foster care or adoption or to care for a family member with a serious health condition.
• You can take paid family leave to care for your spouse, registered domestic partner, sibling, child, child’s spouse or domestic partner, parent, parent of a spouse or registered domestic partner, grandparent, grandchild, or any individual related to you by blood or affinity whose close association with you is the equivalent of a family relationship (such as a close friend who is like family, a significant other, etc.).
• You will receive up to 100% of your average weekly wage up to an amount equal to 65% of the statewide average weekly wage and 50% of your average weekly wage above an amount equal to 65% of the statewide average weekly wage, up to a cap.
• If you have been employed by your employer for at least 90 days before taking leave, your employer must hold your job for you (and continue your health benefits, if you have them). You may also have job protection under other laws, such as the Family and Medical Leave Act or the Oregon Family Leave Act (discussed below).
• For more information about your rights under this law, see here.

Unpaid Family & Medical Leave

Unpaid family and medical leave laws typically provide time off from work that allows you to keep your job but your time away from work may not be paid. Generally, if you are eligible for both paid family and medical leave and unpaid family and medical leave, you often have to take those at the same time but there may be exceptions. 

If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it). See the “Time Off for Childbirth and Bonding” section above for more information on this law.

• • Only about half of all private sector workers in the U.S. are covered by the law. To qualify, you must (1) work for the government or a company with 50 or more employees within 75 miles of your worksite; and (2) have worked with your employer for at least 1 year; and (3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for a seriously ill family member. Under the FMLA, covered family members include a worker’s son or daughter under the age of 18 (or an adult child unable to care for him or herself due to a physical or mental disability), spouse, and parent.
  • The FMLA defines “son or daughter” to include a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. For more information about protections the FMLA provides for LGBT families, see here.
  • You may also take the leave on an intermittent basis or may work on a reduced schedule to care for a seriously ill family member.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave. For more information about the Family and Medical Leave Act, see here.

Oregon has a law that is very similar to the FMLA but covers a few more workers—the Oregon Family Leave Act (OFLA).

• • You are eligible for OFLA leave if 1) your workplace has 25 or more employees (the FMLA requires 50); 2) you have worked for your employer for at least 180 days (the FMLA requires a year); and 3) you have worked at least 25 hours per week during the 180 days before you take OFLA leave.
    • During a declared public health emergency, you are eligible for OFLA leave if 1) your workplace has 25 or more employees; 2) you have worked for your employer for at least 30 days; and 3) you have worked at least 25 hours per week during the 30 days before you take OFLA leave. Additionally, during a declared public health emergency, you may be eligible for OFLA leave if you otherwise meet the above eligibility requirements, but were temporarily out of work and then were reemployed by your same employer within 180 days of separation from employment.
  • If you are covered, you can take OFLA to:
    • recover from or seek treatment for your own serious health condition (including a disability related to pregnancy or childbirth);
    • care for or bond with a child within 1 year of the child’s birth or placement for adoption or foster care;
    • care for a family member with a serious health condition;
    • care for a child who is sick (but not seriously ill) and needs care at home or whose school or childcare provider is closed due to a public health emergency; or
    • deal with the death of a family member within 60 days of the family member’s death (for a maximum of two weeks per family member).
  • You can take OFLA leave to care for your spouse, registered domestic partner, sibling, child, child’s spouse or domestic partner, parent, parent of a spouse or registered domestic partner, grandparent, grandchild, or any individual related to you by blood or affinity whose close association with you is the equivalent of a family relationship (such as a close friend who is like family, a significant other, etc.).
  • You can take 12 weeks of leave for a pregnancy or childbirth-related disability in addition to 12 weeks of leave available for other qualifying reasons.
  • Even if you use the full 12 weeks of leave to bond with your new child, you are still entitled to take as many as 12 additional weeks to care for a sick (but not seriously ill) child or a child whose school or childcare provider is closed due to a public health emergency. For more information, see here.

Other Laws that May Provide Paid Benefits

• If you lose your job because you have family caregiving responsibilities, you may still be able to get Unemployment Insurance. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility.

Special Protections for Veterans’ and Military Families

 Unpaid Family & Medical Leave

Unpaid family and medical leave laws typically provide time off from work that allows you to keep your job but your time away from work may not be paid. Generally, if you are eligible for both paid family and medical leave and unpaid family and medical leave, you often have to take those at the same time but there may be exceptions. 

If you are covered by the Family and Medical Leave Act (FMLA), and a close family member is, or was, in the Armed Services, you may be entitled to additional protections under the FMLA.

• The FMLA provides special protections for service-connected injuries or illnesses. If you are the spouse, parent, son, daughter, or next-of-kin of a veteran or a member of the Armed Services, including the National Guard and Reserves, you may be able to take military caregiver leave. You can take up to a total of 26 weeks of unpaid leave a year to take care of your military relative if he or she has a serious injury or illness stemming from his or her military service.
• In addition to the ordinary protections under the Family and Medical Leave Act, if you have a parent, child, or spouse on or called to active duty service in a foreign country, you may be eligible for what is called “qualifying exigency” leave under the Family and Medical Leave Act to address certain needs arising out of that active duty service. This leave allows you to take up to a total of 12 weeks of unpaid leave a year.
  • This leave is available to address many different types of needs, including:
    • tending to the needs of the children of a service member, such as arranging childcare, attending meetings, or enrolling the child in a new school
    • making legal or financial arrangements for a military member
    • spending time with a servicemember on a short-term rest and recuperation leave
    • arranging care for the parent of a servicemember when the parent is unable to care for himself or herself.

Under the Oregon Military Family Leave Act, if you are the spouse of a member of the Armed Forces, the National Guard, or the military reserve forces of the United States who has been notified of an impending call or order to active duty or who has been deployed, and you work for an average of 20 hours per week for an employer who has 25 or more employees, you have the right to up to 14 days of unpaid, job-protected leave per deployment after your spouse has been called to active duty or is on leave from active duty. This time counts towards your Oregon Family Leave Act allotment.

Anti-Discrimination Laws

• Some workers in Oregon are protected from caregiver discrimination.
  • Several localities in Oregon, including Benton County and the cities of Beaverton, Corvalis, Eugene, Hillsboro, Portland, Salem, and Springfield have outlawed discrimination based on familial status. Multnomah County has outlawed discrimination against Country employees based on familial status.
  • See here for a comprehensive list of localities that have outlawed caregiver discrimination. Note, however, that your city may have protections not listed in this chart. You may want to consult with an attorney if you have questions about rights in your city.
• The Americans with Disabilities Act (ADA) bans unfair treatment of workers based on their relationship with a person with a disability. For example, your boss can’t cut your hours because they think you can’t work as hard because you have a child with asthma. Or your boss cannot assume that you will cost more on the company’s health insurance plan because your family member is seriously ill. However, this law does not give relatives of a person with a disability the right to accommodations, such as a schedule change, to help them provide care. Oregon’s anti-discrimination law also bans this kind of discrimination.

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

Staying healthy at work while you are pregnant is sometimes challenging: you may be dealing with morning sickness, back pain, or doctor’s appointments every few weeks. For women who have suffered a miscarriage, you may need to take time off for recovery. U.S., Oregon, and local laws can help you stay healthy at work, give you time off when you need it, and protect you from pregnancy discrimination.

Pregnancy Discrimination 

• The Pregnancy Discrimination Act makes it illegal for any employer in the U.S. with 15 or more workers to treat employees unfairly because they are pregnant, trying to get pregnant, or have experienced a pregnancy loss. That means:
  • Your boss can’t fire you or cut your hours when they find out that you’re pregnant or trying to get pregnant. You also have the right to be free from harassment at work because you are pregnant.
  • If your employer asks you about your pregnancy or plans to have children in a job interview, that may be evidence of pregnancy discrimination.
  • Your employer can’t treat you differently from other workers just because you are pregnant or have experienced pregnancy loss.
• Oregon’s anti-discrimination law makes it illegal for all employers, regardless of size, to discriminate based on pregnancy, childbirth or related medical conditions.
  • If your spouse or partner is pregnant, you may also be protected from employment discrimination based on your partner’s pregnancy. That’s because the law prohibits employers from discriminating based on the sex (which includes pregnancy), marital status, and sexual orientation (among other characteristics) of a person with whom you associate.

Workplace Accommodations 

If you need changes at work to stay healthy on the job, the laws below can help. In addition, click the green button to learn more and request an accommodation if you need one.

• If you are working and pregnant, recovering from childbirth, pumping milk, or have a related medical condition, the Pregnant Workers Fairness Act can help you protect your health and the health of your pregnancy, without losing your job.
  • Under the Pregnant Workers Fairness Act, a nationwide law, most workers have a right to “reasonable accommodations,” or temporary changes at work. You do not need to have a disability or pregnancy complication to be eligible for an accommodation. Examples of “Reasonable accommodations” can include:
    • Flexible scheduling for prenatal or postnatal appointments
    • Additional, longer, or more flexible breaks to drink water, eat, rest, or use the bathroom
    • Light duty, or help with manual labor and lifting
    • Temporary transfer to a less physically demanding or safer position
    • Limiting exposure to hazardous chemicals
    • Access to a water bottle or food
    • Leave or time off to recover from childbirth, even if you don’t qualify for the FMLA
    • Leave or time off for bedrest, recovery from miscarriage, postpartum depression, mastitis, and other pregnancy-related health issues
    • Providing equipment such as a stool to sit on
    • Changing a uniform or dress code, like allowing wearing maternity pants
    • Changing a work schedule, like allowing shorter work hours or a later start time to accommodate morning sickness
    • Breaks, private space (not in a bathroom), and other accommodations for lactation needs, like adding a lock to a meeting room for private breast milk expression
    • Remote work or telework

• Under Oregon’s pregnancy accommodations law, if you work for an employer with 6 or more employees and you need a “reasonable accommodation” because of your pregnancy, childbirth, or related medical condition, your employer has to give it to you unless it would be really difficult or expensive.
  • For more information, see here.

Taking Time Off from Work 

Paid Sick & Safe Time 

A paid sick time law typically provides short-term time off, often in increments of hours or days. Sick time can typically be used if you need time off because you have a shorter-term illness (such as a bad cold), you need to attend a medical appointment be it for illness or preventative care, you need to care for a loved one who is ill, or you need to address needs related to domestic violence. 

• If you are covered by the Oregon Paid Sick Leave law, you may be able to use your accrued paid time off for medical needs while pregnant, e.g., for a prenatal appointment. For more information on this law, see the “Caring for Your Own Medical Needs” tab.

Paid Family & Medical Leave

Paid family and medical leave is usually a longer-term leave of up to a few months (though can often be taken in smaller increments) if you need to bond with a new child, have a serious health condition, are caring for a loved one with a serious health condition, or have certain military family needs.

Beginning September 3, 2023, if you work in Oregon, you may be eligible for paid family and medical leave.

• Almost all employees in Oregon are covered under the paid family and medical leave law.
• To qualify for benefits, you must have earned at least $1,000 during the base year. The base year is the first 4 of the last 5 completed quarters or the 4 most recently completed quarters. You can combine income from more than one employer.
• This law provides paid leave to covered employees who need time off of work to address their own serious health condition (which can include pregnancy-related needs), bond with a child within one year of the child’s birth or placement for foster care or adoption, care for a family member with a serious health condition, or address certain medical and non-medical needs arising from domestic violence, harassment, sexual assault, or stalking (also known as “safe leave”). 
• If you are taking leave under this law, you may qualify for up to 12 weeks of leave a year.
• In total, you may qualify for up to 12 combined weeks of leave in any benefit year.
• You will receive up to 100% of your average weekly wage up to an amount equal to 65% of the statewide average weekly wage and 50% of your average weekly wage above an amount equal to 65% of the statewide average weekly wage, up to a cap.
• If you have been employed by your employer for at least 90 days before taking leave, your employer must hold your job for you (and continue your health benefits, if you have them). You may also have job protection under other laws, such as the Family and Medical Leave Act or the Oregon Family Leave Act (discussed below).
• For more information about your rights under this law, see here.

Unpaid Leave

Unpaid family and medical leave laws typically provide time off from work that allows you to keep your job but your time away from work may not be paid. Generally, if you are eligible for both paid family and medical leave and unpaid family and medical leave, you often have to take those at the same time but there may be exceptions. 

• If you are covered by the Family and Medical Leave Act you have the right to take unpaid time off during pregnancy or after experiencing a miscarriage without losing your job. You may have similar rights under the Oregon Family Leave Act. If you are covered, you may also have the right to certain paid benefits under Oregon’s Paid Sick Time See the “Time Off for Childbirth and Bonding” and “Caring for Your Own Medical Needs” tabs for more information about these laws and see this guide to your workplace rights around miscarriage.
• The Pregnant Workers Fairness Act may provide you with unpaid time off from work as a reasonable accommodation for a limitation related to your pregnancy or a related medical condition. For example, if you need time off for morning sickness, prenatal appointments, or bed rest, then the Pregnant Workers Fairness Act can help. Note that under the federal law, your employer may not push you onto unpaid leave if another reasonable accommodation (like a transfer) would allow you to keep working. See below for information about how the Pregnant Workers Fairness Act applies to childbirth.
• Oregon’s pregnancy accommodations law (see above) may also give you the right to unpaid, job-protected time off work as a “reasonable accommodation.”

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

Paid Family & Medical Leave

• Almost all employees in Oregon are covered under the paid family and medical leave law.
• To qualify for benefits, you must have earned at least $1,000 during the base year. The base year is the first 4 of the last 5 completed quarters or the 4 most recently completed quarters. You can combine income from more than one employer.
• This law provides paid leave to covered employees who need time off of work to address their own serious health condition (which can include pregnancy-related needs), bond with a child within one year of the child’s birth or placement for foster care or adoption, care for a family member with a serious health condition, or address certain medical and non-medical needs arising from domestic violence, harassment, sexual assault, or stalking (also known as “safe leave”).
• If you are taking leave under this law, you may qualify for up to 12 weeks of leave a year.
• In total, you may qualify for up to 12 combined weeks of leave in any benefit year.
• You will receive up to 100% of your average weekly wage up to an amount equal to 65% of the statewide average weekly wage and 50% of your average weekly wage above an amount equal to 65% of the statewide average weekly wage, up to a cap.
• If you have been employed by your employer for at least 90 days before taking leave, your employer must hold your job for you (and continue your health benefits, if you have them). You may also have job protection under other laws, such as the Family and Medical Leave Act or the Oregon Family Leave Act (discussed below).
• For more information about your rights under this law, see here.

Unpaid Family & Medical Leave 

• If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it).
  • Only about half of all private sector workers in the U.S. are covered by the law. You must (1) work for the government or a company with 50 or more employees within 75 miles of your worksite; (2) have worked with your employer for at least 1 year; and (3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for your own health (including pregnancy), to care for a new child after birth, adoption, or foster placement, or to care for a seriously ill family member. Remember that you only get 12 weeks a year in total—if you take time off before you give birth for your own health needs, you’ll have less time afterward to bond with your baby.
  • Before giving birth, you may use your leave an hour or day at a time—such as by taking a day off per week to go to the doctor—rather than all at once. Your employer must approve, however, if you want to use leave time in smaller chunks to bond with your baby.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you are in the top 10% of highest-paid workers in your company, different rules apply.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
• Even if you are not eligible for FMLA leave, the Pregnant Workers Fairness Act can provide time off to recover from childbirth as a reasonable accommodation so long as it would not be extremely difficult or expensive for your employer to provide you with the time off.
• Oregon has a law that is very similar to the FMLA but covers a few more workers—the Oregon Family Leave Act (OFLA).
  • You are eligible for OFLA leave if 1) your workplace has 25 or more employees (the FMLA requires 50); 2) you have worked for your employer for at least 180 days (the FMLA requires a year); and 3) you have worked at least 25 hours per week during the 180 days before you take OFLA leave.
    • During a declared public health emergency, you are eligible for OFLA leave if 1) your workplace has 25 or more employees; 2) you have worked for your employer for at least 30 days; and 3) you have worked at least 25 hours per week during the 30 days before you take OFLA leave. Additionally, during a declared public health emergency, you may be eligible for OFLA leave if you otherwise meet the above eligibility requirements, but were temporarily out of work and then were reemployed by your same employer within 180 days of separation from employment.
  • If you are covered, you can take OFLA to:
    • recover from or seek treatment for your own serious health condition (including a disability related to pregnancy or childbirth);
    • care for or bond with a child within 1 year of the child’s birth or placement for adoption or foster care;
    • care for a family member with a serious health condition;
    • care for a child who is sick (but not seriously ill) and needs care at home or whose school or childcare provider is closed due to a public health emergency; or
    • deal with the death of a family member within 60 days of the family member’s death (for a maximum of two weeks per family member).
  • You can take OFLA leave to care for your spouse, registered domestic partner, sibling, child, child’s spouse or domestic partner, parent, parent of a spouse or registered domestic partner, grandparent, grandchild, or any individual related to you by blood or affinity whose close association with you is the equivalent of a family relationship (such as a close friend who is like family, a significant other, etc.).
  • You can take 12 weeks of leave for a pregnancy or childbirth-related disability in addition to 12 weeks of leave available for other qualifying reasons.
  • Even if you use the full 12 weeks of leave to bond with your new child, you are still entitled to take as many as 12 additional weeks to care for a sick (but not seriously ill) child or a child whose school or childcare provider is closed due to a public health emergency. For more information, see here.
• Oregon’s pregnancy accommodations law may also give you the right to unpaid, job-protected time off work as a reasonable accommodation to physically recover from childbirth. See the “Pregnancy/Pregnancy Loss” tab for more information.

Nursing Rights

• You have the right to express or pump milk at work. If you work in Oregon, your employer must give you reasonable unpaid break time to express milk for up to 18 months after your child’s birth. Employers with 10 or fewer employees may be exempt if they can demonstrate that providing these breaks would seriously harm the business. Your employer must also make reasonable efforts to provide a private location, other than a public restroom or toilet stall, for you to pump. Your employer must also allow you to bring a cooler or other insulated container to store milk. If your employer allows other employees to use an onsite refrigerator for personal use, you must be allowed to use the refrigerator to store your milk.
• Oregon’s pregnancy accommodations law may also give you the right to other lactation accommodations so long as they are not too difficult or expensive for your employer to provide. You are covered by this law if you work for an employer with 6 or more employees.
• Rights for breastfeeding workers are strong in Oregon, but national laws may also protect you (for example, if you work outside Oregon):
  • The nationwide PUMP for Nursing Mothers Act applies to nearly all workers and gives you the legal right to private, non-bathroom space and reasonable break time for pumping at work. Learn more about your rights under the PUMP Act here or click the button above for a comprehensive guide on how to talk to your boss about your need to pump at work.
  • The Pregnant Workers Fairness Act can help you if you need reasonable accommodations for lactation-related needs, such as break time and private space to express breastmilk, a change in uniform if it’s affecting your ability to pump, or avoiding toxins that may be harmful for lactating parents.
• It is illegal under the PUMP Act, the Pregnancy Discrimination Act and/or Oregon’s anti-discrimination law for your boss to retaliate against you because you are lactating.
• Under Oregon law, you have the right to breastfeed your child in any public location. For the text of the law, see here.

Caregiver Discrimination    

• Some workers in Oregon are protected from caregiver discrimination.
  • Several localities in Oregon, including Benton County and the cities of Beaverton, Corvalis, Eugene, Hillsboro, Portland, Salem, and Springfield have outlawed discrimination based on familial status. Multnomah County has outlawed discrimination against Country employees based on familial status.
  • See here for a comprehensive list of localities that have outlawed caregiver discrimination. Note, however, that your city may have protections not listed in this chart. You may want to consult with an attorney if you have questions about rights in your city.
• Nationwide federal anti discrimination law, often referred to as Title VII of the Civil Rights Act, prohibits discrimination against caregivers if that discrimination is based on sex (including pregnancy), race, color, religion, national origin, disability, or genetic information. That means, for instance, if your employer refuses to promote you or cuts your hours because you are a mother and they have a stereotype that mothers are unable to work, that could be illegal discrimination under nationwide law.
• The Americans with Disabilities Act (ADA) bans unfair treatment of workers based on their relationship with a person with a disability. For example, your boss can’t cut your hours because they think you can’t work as hard because you have a child with asthma. Or your boss cannot assume that you will cost more on the company’s health insurance plan because your family member is seriously ill. However, this law does not give relatives of a person with a disability the right to accommodations, such as a schedule change, to help them provide care. Oregon’s anti-discrimination law also bans this kind of discrimination.

Taking Time Off From Work

Paid Sick & Safe Time 

• If you are covered, the Oregon Paid Sick Leave Law gives you the right to time off, without losing your job, if you need to recover from physical/mental illness or injury; seek medical diagnosis, treatment, or preventative care; care for a family member who is ill or needs medical diagnosis, treatment, or preventative care.
  • If your employer has 10 or more employees (or 6 or more employees if your employer has a location in Portland) you have the right to earn and take up to 40 hours of paid sick time per year.
  • If your employer has fewer than 10 employees (or fewer than 6 if your employer has a location in Portland), you have the right to earn and take up to 40 hours of unpaid, job-protected sick time per year.
  • Under the law, you can take sick time to care for yourself or a child; spouse; registered domestic partner; parent; grandchild; grandparent; sibling; or the parent of a spouse or registered domestic partner.
  • Under the law, you earn sick time at the rate of one hour for every 30 hours you work.
  • Sick time under this law can also be used:
    • To bond with a newborn, newly adopted child, or newly placed foster child under the age of 18;
    • To deal with the death of a family member;
    • When your place of business is closed by order of a public health official due to a public health emergency or to care for a child whose school or childcare provider has been closed by order of a public health official due to a public health emergency;
    • When a public health official or healthcare provider determines that you or a family member presents a public health risk; or
    • For “safe time” purposes to address certain needs, including non-medical needs, that may arise if you or your minor dependent child is a victim of domestic violence, a sexual offense, or stalking.
  • For more information about your rights, see here.

Paid Family & Medical Leave

• Almost all employees in Oregon are covered under the paid family and medical leave law.
• To qualify for benefits, you must have earned at least $1,000 during the base year. The base year is the first 4 of the last 5 completed quarters or the 4 most recently completed quarters. You can combine income from more than one employer.
• This law provides paid leave to covered employees who need time off of work to address their own serious health condition (which can include pregnancy-related needs), bond with a child within one year of the child’s birth or placement for foster care or adoption, care for a family member with a serious health condition, or address certain medical and non-medical needs arising from domestic violence, harassment, sexual assault, or stalking (also known as “safe leave”).
• If you are taking leave under this law, you may qualify for up to 12 weeks of leave a year.
• In total, you may qualify for up to 12 combined weeks of leave in any benefit year.
• You will receive up to 100% of your average weekly wage up to an amount equal to 65% of the statewide average weekly wage and 50% of your average weekly wage above an amount equal to 65% of the statewide average weekly wage, up to a cap.
• If you have been employed by your employer for at least 90 days before taking leave, your employer must hold your job for you (and continue your health benefits, if you have them). You may also have job protection under other laws, such as the Family and Medical Leave Act or the Oregon Family Leave Act (discussed below).
• For more information about your rights under this law, see here.

Unpaid Family & Medical Leave

• If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it). You may have similar rights under the Oregon Family Leave Act (OFLA). You can also take OFLA to:
  • care for a child who is sick (but not seriously ill) and needs care at home or whose school or childcare provider is closed due to a public health emergency; or
  • deal with the death of a family member within 60 days of the family member’s death (for a maximum of two weeks per family member).
  • You can take 12 weeks of leave for a pregnancy or childbirth-related disability in addition to 12 weeks of leave available for other qualifying reasons.
  • Even if you use the full 12 weeks of leave to bond with your new child, you are still entitled to take as many as 12 additional weeks to care for a sick (but not seriously ill) child or a child whose school or childcare provider is closed due to a public health emergency.
  • See the “Time Off for Childbirth and Bonding” tab for more information on these laws.

• If you lose your job because you have family caregiving responsibilities, you may still be able to get Unemployment Insurance. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility.