Oregon Leave Laws




Vacation Leave

In Oregon, employers are not required to provide employees with vacation benefits, either paid or unpaid. OR Bureau of Labor and Industries FAQs. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. OR Bureau of Labor FAQs; See Wyss v. Inskeep, 73 Ore. App. 661, 699 P.2d 1161 (1985); Henderson-Rubio v. The May Department Stores Company, 53 Ore. App. 575, 632 P.2d 1289 (1981).



An employer may lawfully establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment. OR Bureau of Labor and Industries FAQs.

An employer may also lawfully establish a policy or enter into a contract disqualifying employees from payment of accrued vacation upon separation from employment if they are terminated or fail to comply with specific requirements, such as giving two weeks notice or being employed as of a specific date of the year. OR Bureau of Labor and Industries FAQs; See Wheeler v. Mission Electric & Plumbing Supply, Inc., 267 Ore. 209, 515 P.2d 1323 (Ore. Sup. Ct. 1973).

An employer is required to pay accrued vacation to an employee upon separation from employment if its policy or contract requires it. OR Bureau of Labor and Industries FAQs.

An employer is required to pay accrued vacation leave upon separation from employment if the employer’s established policy or employment contract is silent or ambiguous about the matter. OR Bureau of Labor and Industries FAQs.

An employer may lawfully cap the vacation leave an employee can accrued over time, so long as the employer has properly notified its employees of the vacation policy, so long as the employer has properly notified its employees of the vacation policy. OR Bureau of Labor and Industries FAQs.

An employer may lawfully implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it, so long as the employer has properly notified its employees of the vacation policy and gives then a reasonable opportunity to use their vacation leave before it is lost. OR Bureau of Labor and Industries FAQs.



Sick Leave

Oregon law requires employers to provide employees with sick leave benefits. Employers with 10 or more employees (6 or more in Portland) must provide paid sick leave. Employers with less than 10 employees (less than 6 in Portland) must provide unpaid sick leave. For more information, visit OR Bureau of Labor and Industries: Oregon Sick Time.

An employer in Oregon may be required to provide an employee unpaid sick leave in accordance with Oregon’s Family Leave Act and the Family and Medical Leave Act or other federal laws.



Holiday Leave

Oregon law does not require private employers to provide employees with either paid or unpaid holiday leave. OR Bureau of Labor and Industries FAQs In Oregon, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.

State holidays

Visit our Oregon State Holidays page for a list of holidays recognized and observed by the state of Oregon as well as information regarding state laws governing holiday leave for public employers and employees.



Jury Duty Leave

An employer is not required to pay an employee for time spent responding to a jury summons or serving on a jury.

Oregon Stat. 10.061

An employer may not discharge, threaten to discharge, intimidate, or coerce any employee by reason of the employee’s service or scheduled service as a juror. Oregon Stat. 10.090



Voting Leave

Oregon does not have a law that requires an employer to grant its employees leave, either paid or unpaid, to vote.



Bereavement Leave

Oregon requires certain employers with 25 or more employees to provide employees paid bereavement leave. Employers with fewer than 25 employees are not required to provide either paid or unpaid bereavement leave. For more information, please visit our page discussing Oregon’s Bereavement Leave Law.