Safe Leave FAQ

What is Safe Leave?

Safe Leave is protected leave that is available to employees who have experienced sexual assault, domestic violence, stalking, as well as harassment and bias crimes. An employee who has experienced a qualifying event may take Safe Leave for one or more of the following reasons:

• 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, bias or stalking.
• To seek medical treatment for or to recover from injuries caused by domestic violence or sexual assault, harassment or stalking, or the commission of a bias crime against the eligible employee or the employee’s minor child or dependent.
• To obtain, or to 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, bias or stalking.
• To obtain services from a victim services provider for the eligible employee or the employee’s minor child or dependent.
• To relocate or take steps to secure an existing home to ensure the health and safety of the eligible employee or the employee’s minor child or dependent.

Is Safe Leave available for any other purpose?

An employee who has experienced a Safe Leave qualifying event may take leave for one of the five reasons stated above. Safe Leave is not available for other purposes.

How many hours of Safe Leave are available to employees?

Employees are entitled to take Safe Leave for the above reasons, with reasonable advance notice, including:

• Up to 12 weeks of paid Safe Leave under Paid Leave Oregon. Unpaid Safe Leave under Paid Leave Oregon is available for employees who do not qualify for or choose not to use Paid Leave Oregon benefits.
• Up to 160 hours of paid Safe Leave under ORS 659A.272, which is available only after an eligible employee exhausts all other forms of accrued paid leave (e.g., sick, vacation), including Safe Leave under Paid Leave Oregon. Safe Leave under ORS 659A.272 is subject to an undue hardship review.

What factors does the University consider in deciding whether leave would create an “undue hardship”?

In deciding whether fulfilling a request for leave would create an undue hardship, the University considers the following factors:

• The nature of and cost associated with the request;
• The University’s financial resources;
• The impact of granting the request on department operations;
• The impact of granting the request on other staff; and
• The number of employees, location, and geographic/fiscal relationship of the facility, where relevant.

In practice, the impact of granting the request on department operations and other staff are the University’s primary considerations.

Am I eligible for Safe Leave for workplace harassment?

Under ORS 659A.272 (and definitions in ORS 659A.270 and OAR 839-009-0340), a “victim of harassment” means an individual against whom the crime of harassment has been committed as described in ORS 166.065. In most instances, workplace harassment will not meet the threshold for criminal harassment.

How can I request Safe Leave?

To request Safe Leave, employees are encouraged to complete the OEOA reporting form. Alternatively, employees may contact HR Leaves at HRLeaves@uoregon.edu or OEOA at eoa@uoregon.edu. Supervisors who receive requests for Safe Leave are required to refer employees to OEOA or HR Leaves.

Is documentation required in support of a Safe Leave request?

Yes, employees will be asked to provide documentation in support of a Safe Leave request. Safe Leave under Paid Leave Oregon is administered jointly by HR Leaves and Unum, the University’s third-party administrator. Unum will require information and documentation as part of processing a request for Safe Leave.

Safe Leave under ORS 659A.272 is administered jointly by OEOA and HR Leaves. After an employee requests leave under ORS 659A.272, the employee will be asked to submit a completed Safe Leave Certification Form to OEOA. Employees are also required to submit a monthly leave timesheet to OEOA.

Are employees eligible for safety measures while at work?

When an employee reports a credible threat to their physical safety, whether related to Safe Leave or for a different reason, the University’s threat assessment team, BETA, will work with the employee and their department to implement appropriate workplace safety precautions, regardless of whether the employee requests or takes Safe Leave. A credible threat of physical harm means specific information that an identifiable individual may commit an act of physical violence against an employee.

Are employees who request Safe Leave also eligible for supportive measures?

Any employee who has filed a report alleging discrimination, harassment, or retaliation with OEOA may request supportive measures. After gathering necessary information, OEOA will determine whether the requested supportive measure is appropriate to the reported circumstance. In general, supportive measures are tailored to an employee’s needs and may include the use of accrued protected leave, alternative work arrangements, referrals to the Employee Assistance Program or the Ombuds Office. This is not an exhaustive list. Please note that supportive measures may not burden other employees, be punitive or disciplinary, or interfere with other employees’ ability to do their jobs.

Can requests for supportive measures be denied?

Yes, requests for supportive measures can be denied. While the University will work to facilitate requests, not all requests for supportive measures will be granted. For example, a request for paid leave as a supportive measure will be denied if the employee is not otherwise eligible for paid leave (e.g., the employee has exhausted all of sick, vacation, and other forms of paid leave). However, such an employee may be offered unpaid leave as a supportive measure. In addition, requests to remove job duties from other employees will be denied. In those instances where job duties are removed from an employee or an employee is placed on administrative leave, it will be because of the conduct at issue, not as a supportive measure for the impacted employee.