ORS 657B.040
Notice to employers prior to commencing leave; exceptions


Except as provided in subsection (2) of this section, an employer may require an eligible employee to give the employer written notice at least 30 days before commencing a period of family leave, medical leave or safe leave. The employer may require the employee to include in the notice an explanation of the need for the leave.


An eligible employee may commence leave without 30 days’ advance notice if the leave is not foreseeable, as in circumstances including but not limited to:


An unexpected serious health condition of the employee or a family member of the employee;


A premature birth, unexpected adoption or unexpected foster placement by or with the employee; or


Safe leave.


(a) Except as provided in subsection (5) of this section, if an eligible employee commences leave without prior notice under subsection (2) of this section, the employee must give oral notice to the employer within 24 hours of the commencement of the leave and must provide the written notice required under subsection (1) of this section within three days after the commencement of leave.


The oral notice required by this subsection may be given by any other person on behalf of the eligible employee taking leave.


The person named as the eligible employee’s emergency contact person, or any other person otherwise designated by the eligible employee, as reflected in the employer’s records, may provide the written notice required under subsection (1) of this section.


(a) If an eligible employee fails to give notice as required under subsections (2) and (3) of this section, the Director of the Employment Department may reduce the first weekly benefit amount payable to the employee under ORS 657B.090 (Claim for benefits) by up to 25 percent.


An employer shall notify the director of the employee’s failure to provide the required notice, in the manner prescribed by the director by rule.


An eligible employee who takes safe leave shall give the employer reasonable advance notice of the individual’s intention to take safe leave, unless giving the advance notice is not feasible. [2019 c.700 §9]
Note: 657B.040 (Notice to employers prior to commencing leave) becomes operative January 1, 2023. See section 63, chapter 700, Oregon Laws 2019.

Last accessed
May. 15, 2020