Protected Leaves

About

Portland State employees have access to a number of protected leaves under federal and/or state law, administrative rules, collective bargaining agreements, or University policy.

These are available to employees who need to be away from the job due to illness, injury, academic pursuit, civic responsibility, military needs, inclement weather, and other events.

Contact the HR Leaves & Accommodations team for any and all concerns regarding protected leaves eligibility.

Protected Leave Process Quick Reference

Type of LeaveType of processInstructions
Bereavement LeaveFormal - complete leave notificationNotify your supervisor and then notify Leaves via Protected Leaves Notification form
Domestic Violence Leave (DHVSAS)Protected Leaves Notification form
Federal Medical Leave Act (FMLA)
Oregon Family Leave Act (OFLA)
Oregon Paid Family Medical Leave (PFML)
Pregnancy And Parental Leave
Military Leave

Impending call to active duty (spouse) - Protected Leaves Notification form 

Military caregiver - Protected Leaves Notification form 

2-week training for guards - personal leave

Court AppearanceInformal - notice to supervisorCopy of subpoena to payroll
Jury DutyJury duty notice to payroll
Workers CompensationInjury report and SAIF 801 (if seeking medical tx or have time loss)
PSU Sick LeaveReport on timesheet/leave report

To request protected leave you or a family member must have a qualifying reason. Family and medical leave laws provide job and benefits protection during this time.  Oregon Paid Family Medical Leave also provides paid leave in addition to job and benefits protection.

*Benefits are covered during protective leave and through the end of the month that leave ends. Employee’s cost share may be covered by paid leave or collected upon return from protected leave.

Types of Leave

Bereavement Leave

The University supports providing time off to employees in the event of a death in the immediate family.

  • Qualifying employees are allowed up to 2 weeks of bereavement leave within 60 days of the death of a covered family member.
  • Qualifying employees are limited to 4 weeks of bereavement leave in a benefit year.
  • A Protected Leave Notification Form should be submitted to Human Resources.
  • If necessary, an employee may request to use additional earned leave credits or if earned leave credits are not available, leave without pay, at the time of death of an immediate family member.
  • Based on Oregon law, "immediate family" includes A spouse or domestic partner;
    • A child of a covered individual or the child's spouse or domestic partner;
    • A parent of a covered individual or the parent's spouse or domestic partner;
    • A sibling or step sibling of a covered individual or the siblings or step sibling's spouse or domestic partner;
    • A grandparent of a covered individual or the grandparent's spouse or domestic partner;
    • A grandchild of a covered individual or the grandchild's spouse or domestic partner;
    • Any individual related by blood or affinity whose close association with a covered individual is the equivalent of a family relationship.

For information on how to apply, please visit the Bereavement Leave web page

Court Appearance (On Behalf Of PSU)

Employees shall be granted leave with pay for appearance before a court, legislative committee or judicial or quasi-judicial body as a witness (not as the defendant or plaintiff) in response to a subpoena or other direction by proper authority for matters other than the employee's PSU position.

Domestic Violence Leave

This leave allows eligible employees to take paid leave to obtain services or treatment relating to domestic violence, sexual assault, bias crimes or stalking.

Employees are eligible for this leave if they are a victim of domestic violence, harassment, sexual assault, bias crimes, or stalking or are the parent/guardian of a minor child or a dependent who is a victim of domestic violence, harassment, sexual assault or stalking. 

Employees may apply for this leave for the purpose of seeking legal or law enforcement assistance, medical treatment, counseling, to relocate or take other steps to ensure health and safety. A Protected Leave Notification Form muct be completed.

The law provides protection for absences taken for domestic violence, sexual assault or stalking, whether suffered by the employee, or by the minor child or dependent of the employee.

Resources for More Information

DVHSAS Poster

Resources for Victims of Interpersonal Violence

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 work weeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. Employees are also entitled to return to their same or an equivalent job at the end of their FMLA leave.

The FMLA also provides certain military family leave entitlements. Eligible employees may take FMLA leave for specified reasons related to certain military deployments of their family members. Additionally, they may take up to 26 weeks of FMLA leave in a single 12-month period to care for a covered servicemember with a serious injury or illness.

To learn more, visit the Medical Leave web page 

Jury Duty

Benefits-Eligible employees and employees in GEU- or SEIU-represented positions are granted leave with pay for serving jury duty. The employee may keep any money paid by the court for serving on a jury.

  • Whenever possible, subject to operating requirements, employees selected by proper authority for jury duty will be placed on a day shift, Monday through Friday, during the period they are obligated to jury duty.
  • The university shall not suffer any penalty payments for the change in the work schedule of a union-represented employee on jury duty.
  • Hourly employees must attach the summons to their timesheets. Salaried employees must attach the summons to their leave roster.

Military Leave

Military leave allows an employee to take time off for military duty or to seek reinstatement to their former job(s) when they return from military duty under protections provided by federal law. 

  • Employees must provide verbal or written.
  • Notice must be in advance of the absence, except in instances involving "military necessity" or where the giving of notice is otherwise impossible or unreasonable.
  • The request for Military Leave must be accompanied by the orders to the employee requesting that the employee report for duty.

To learn more, visit the Military Leave web page

Oregon Family Leave Act (OFLA)

Major changes to take effect beginning July 1, 2024

OFLA gives employees the ability to take time off to care for yourself or your family for a certain amount of time. Employees must be returned to their job upon return from leave.

  • Pregnancy disability leave — before or after birth of child or for prenatal care. OFLA provides up to 12 weeks of pregnancy disability leave in addition to 12 weeks for any reason listed here.
  • Sick child leave — for employee's child with an illness or injury that requires home care. The employee may also take OFLA protected time if the child's school or childcare provider is closed due to a public health emergency, such as the COVID-19 pandemic school closures.
  • Military family leave — up to 14 days if your spouse or domestic partner is a service member who has been called to active duty or is on leave from active duty.
  • Bereavement leave — up to 2 weeks of leave after the death of a family member.
  • OFLA leave is capped at 12 weeks for home care of the employee’s child and bereavement. Bereavement leave is further limited to two weeks per family member with a maximum of four weeks in a given leave year.

To learn more, visit the Medical Leave web page

Oregon Paid Family Medical Leave (PFML)

Designed to provide paid leave for employees experiencing specific life events such as serious health complications of themselves or family members, parental/pregnancy disability leave leave or Safe Leave (DHVSAS) for survivors of sexual assault, domestic violence harassment, bias crimes or stalking.

  • Employees can take up to 12 weeks paid leave in a 52-week period (starting from the Sunday before leave begins) for family, medical, or safe leave. If pregnant, in some situations, an employee may be able to take up to 2 more weeks for a total of 14 weeks.
  • Employees can choose when and how to take the time off. 
  • Paid Leave pays employees a percentage of their wages while they’re on leave.
  • Paid leave protects an employee’s job and role if they’ve worked for the same employer for at least 90 consecutive days.

*Paid Family Medical Leave (PFML) is the name of the law providing this benefit to employees. Paid Leave Oregon (PLO) is the name of the State administered process. PSU has contracted with The Standard to administer PFML and therefore any employee requests sent to PLO will not be completed accurately or timely.

To learn more, visit the Paid Family Medical Leave web page

Personal Leave

Employees may request a Personal Leave for time off in excess of five continuous work days that is otherwise not covered by other University leave and/or benefit programs. This is an unpaid leave benefit that must be applied for and approved by the University. It is available for a variety of employee needs and interests.

  • An employee is not guaranteed a return to their position unless required by a Collective Bargaining Agreement, state and/or federal law, and/or the Administrative Rules for the State of Oregon.
  • Employee benefits may or may not continue.
    • If benefits are not continued, employees may have rights to continuation of Core Benefits under the Continuation Omnibus Benefits Reconciliation Act (COBRA) as outlined on the PEBB website.
    • During a Personal Leave employees may or may not be able to continue Optional Benefits.

The SEIU Collective Bargaining Agreement, Article 40 provides for additional guidance for staff in classified positions for Leaves of Absence Without Pay. For leaves taken during Trial Service, see Article 31. 

Pregnancy Disability And Parental/Bonding Leave

There are two types of leaves in this category:

  1. Pregnancy Disability
    1. Leave (a form of serious health condition leave) taken by a pregnant employee for an incapacity related to pregnancy or childbirth, occurring before or after the birth of the child, or for prenatal care
  2. Parental/Bonding Leave
    1. Leave needed during the year following:
      1. the birth of a child or
      2. adoption or foster placement of a child under 18, or a child 18 or older if incapable of self-care because of a mental or physical disability.
    2. From July 1, 2024 through December 31, 2024, OFLA will also provide up to two additional weeks of leave to facilitate the legal processes required for placement of a foster child or adoption. (Paid Leave will incorporate this leave beginning 2025.)

To learn more, visit the Pregnancy and Parental Leave web page

PSU Sick Leave

All PSU employees accrue sick leave at a rate determined by their position type. Employees accrue sick leave on a monthly basis beginning with date of hire, and prorated during the first month of employment. Sick leave accrues on the last day of the month/pay period and is available for use the first day of the next month.

To learn more, visit the Sick Leave web page