The new law applies to employers who employ at least six people, and it incorporates the same definitions for eligibility as the Oregon Family Leave Act (the employee must have worked for the employer for a minimum of 25 hours per week for at least 180 days prior to the leave). In addition, an eligible employee is entitled to the leave even if the employee was not the actual victim of the crime, because the law defines "crime victim" to include members of the employee's immediate family. Finally, the employee must be allowed to use accrued vacation leave or other paid leave in lieu of unpaid time.

Employers only can limit the amount of leave an eligible employee takes to attend criminal proceedings if the employee's leave creates an "undue hardship" to the employer's business. If the employer raises the "undue hardship" issue, the employee can (but is not required to) notify the prosecutor, who then must take steps to ensure that the court or agency consider the employee's work schedule when scheduling proceedings.

The discrimination provisions of ORS 659A.885 have been expanded to include actions against employers who fail to provide the requisite leave, or who discriminate or retaliate against employees who utilize such leave.

To read the full text of the new law, click on the link below:
http://www.leg.state.or.us/03orlaws/0603.pdf

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