Crime-Victim and Witness Court-Attendance Leave Request Packet - Oregon

CRIME-VICTIM CRIMINAL-PROCEEDING LEAVE REQUEST PACKET

Oregon — ORS 659A.190–659A.198

Use this packet only after confirming every eligibility item below. Do not use it for an ordinary witness, jury service, a civil matter, or another proceeding outside the definition in ORS 659A.190(3).

1. EMPLOYEE AND EMPLOYER

2. COVERED-EMPLOYER GATE

ORS 659A.190(1) applies to an employer that employed six or more persons in Oregon for each working day during at least 20 calendar workweeks in the year of the leave or the immediately preceding year.

• ☐ Employer threshold confirmed
• ☐ Counsel review requested because threshold coverage is uncertain

Coverage basis: [________________________________]

3. ELIGIBLE-EMPLOYEE AND CRIME-VICTIM GATE

The employee must have worked an average of more than 25 hours per week for this covered employer for at least 180 days immediately before the leave date.

• ☐ Hours-per-week requirement confirmed
• ☐ 180-day requirement confirmed

The employee must also be a crime victim under ORS 659A.190(2):

• ☐ The employee suffered financial, social, psychological, or physical harm as a result of a person felony.
• ☐ The employee is an immediate-family member of the person who suffered that harm.

For this route, immediate family means spouse, domestic partner, father, mother, sibling, child, stepchild, or grandparent.

Relationship, if applicable: [________________________________]

Person-felony and crime-victim status confirmed through: [PROSECUTOR / VICTIM ADVOCATE / COUNSEL / OTHER]

4. CRIMINAL-PROCEEDING GATE

• ☐ Criminal proceeding within ORS 659A.190(3)
• ☐ Juvenile proceeding under ORS chapter 419C
• ☐ Other proceeding at which the crime victim has a right to be present

Court or hearing body: [________________________________]

Case identifier, using the minimum necessary information: [________________________________]

Proceeding date and time: [________________________________]

Expected work absence: [DATE / START / END]

5. NOTICE AND SUPPORTING RECORDS

The employee must give reasonable notice of the intended leave and copies of any scheduled-proceeding notices the employee receives from a law-enforcement agency under ORS 147.417.

• ☐ Reasonable notice delivered
• ☐ Law-enforcement scheduling notice attached or securely presented
• ☐ No such law-enforcement scheduling notice was received
• ☐ Updated, continued, or canceled setting reported

Delivery date, method, and recipient: [________________________________]

All employer records concerning this statutory leave and the submitted notices are subject to applicable confidentiality laws. Do not attach police reports, medical records, victim addresses, or offense narratives unless current law or counsel requires them.

Secure storage location or access restriction: [________________________________]

6. EMPLOYEE REQUEST AND PAY TREATMENT

I request leave from [START] through [END] on [DATE] to attend the covered criminal proceeding identified above.

ORS 659A.198 does not generally require paid leave unless an agreement, collective bargaining agreement, or employer policy provides otherwise. The employee may use accrued vacation or another paid leave offered in lieu of vacation. Subject to governing terms, the employer may determine the order in which available accrued leave is used.

• ☐ Accrued vacation requested: [HOURS]
• ☐ Other paid leave offered in lieu of vacation requested: [TYPE / HOURS]
• ☐ Unpaid time requested
• ☐ Pay treatment controlled by agreement, collective bargaining agreement, or policy: [________________________________]

Employee signature: __________________________ Date: ______________

7. EMPLOYER REVIEW

ORS 659A.192 requires a covered employer to allow qualifying leave. If the leave creates significant difficulty and expense, considering the employer's size and critical need for the employee, the employer may limit the amount of leave because of undue hardship. ORS 659A.194 prohibits denying qualifying leave and prohibits discharge, threatened discharge, intimidation, or coercion because the employee takes the leave.

• ☐ Covered employer confirmed
• ☐ Eligible employee and crime-victim route confirmed
• ☐ Covered criminal proceeding confirmed
• ☐ Reasonable notice and any required copy received
• ☐ Leave approved as requested
• ☐ Amount or schedule limited because of documented undue hardship
• ☐ Pay / leave-bank treatment: [________________________________]
• ☐ Confidential storage and access controls confirmed
• ☐ Counsel review required

If an undue-hardship issue exists, the employee may notify the prosecuting attorney. The prosecuting attorney must notify the court or hearing body, which must consider the employee's schedule when setting the criminal proceeding.

Prosecutor scheduling coordination requested: ☐ Yes ☐ No

Approved or adjusted absence: [________________________________]

Employer representative: _____________________ Date: ______________

Decision delivered to employee: [DATE / METHOD]

8. CHANGE LOG

OFFICIAL SOURCES VERIFIED

• Oregon Revised Statutes — Chapter 659A, §§ 659A.190–659A.198
• 2026 Oregon Laws — ORS Sections Amended or Repealed Table