Oregon Expands Family Leave to Include Bias Crime Victims

What Changed

Oregon enacted House Bill 3443 (HB 3443), expanding eligibility for protected leave under the Oregon Family Leave Act (OFLA) to include victims of bias crimes. Employers with six or more employees must now provide leave and reasonable safety accommodations to employees who are victims of bias-motivated criminal conduct.

A bias crime victim is defined under Oregon law as someone who has been targeted due to their perceived race, color, religion, gender identity, sexual orientation, disability, or national origin where criminal investigation or prosecution is impossible or inappropriate.

Eligible employees may take up to 160 hours of protected leave per calendar year for reasons related to bias crime victimization.

Who Is Affected

Oregon employers with six or more employees are subject to this requirement. The leave is available to employees who qualify as bias crime victims under Oregon law, along with their family members in certain circumstances.

Where It Applies

Oregon statewide.

When It Takes Effect

January 1, 2024.

Why It Matters

This expansion reflects Oregon's commitment to protecting employees who are victims of hate-motivated crimes. It adds bias crime victimization to the existing categories of domestic violence, harassment, sexual assault, and stalking for which OFLA provides protected leave. Employers who fail to provide this leave or who retaliate against employees requesting it could face liability under OFLA's enforcement provisions.

This change also updates employer obligations for the Domestic Violence Leave policy, which should now reference bias crime victims as a protected category.

The Humareso Take

This is a meaningful expansion of Oregon's leave protections. While we hope none of your employees need to use this leave, having a policy in place that explicitly covers bias crime victims demonstrates your organization's values and ensures compliance. If you already have a domestic violence leave policy for your Oregon employees, this is a straightforward addition. If you do not, this is a good prompt to build one.

Recommended Action Steps

1. Update your domestic violence leave policy to explicitly include bias crime victims as a qualifying category for protected leave.

2. Update your employee handbook to reflect the expanded OFLA leave provisions, including the 160-hour annual entitlement for bias crime victims.

3. Train HR staff and managers on the new leave category, how to handle requests sensitively, and the prohibition against retaliation.

4. Review your reasonable accommodation procedures to ensure you can provide safety accommodations when requested by bias crime victims.

5. Contact your Humareso representative for assistance updating your Oregon leave policies to comply with HB 3443.