Oregon Revised Statutes

Or. Rev. Stat. § 408.290 (2026)

Benefits for public employees on military leave of absence

✓ current as of May 2026

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408.290 Benefits for public employees on military leave of absence. (1) Except as provided in subsection (2) of this section:

(a) An officer or employee of the state, or of any county, municipality or other subdivision of the state, who is a member of the National Guard, National Guard Reserve or of any reserve component of the Armed Forces of the United States or of the United States Public Health Service, is entitled, upon application, to military leave of absence from duties for up to 21 work days in any one training year.

(b) An officer or employee may use military leave for active duty or inactive duty for training, state active duty and duty under Title 10 or 32 of the United States Code.

(c) An officer or employee may use military leave without loss of time, pay or regular leave and without impairment of efficiency rating or other rights or benefits to which the officer or employee is entitled. Military leave shall be in addition to any regular leave for which an officer or employee may be entitled.

(2) Unless the officer or employee has been employed by the state or by any county, municipality or other political subdivision of the state for a period of six months next preceding application, no officer or employee is entitled to receive pay for any period during which the officer or employee is on military leave.

(3) As used in this section, “training year” means the federal fiscal year for any particular unit of the National Guard or a reserve component. [Amended by 1955 c.104 §1; 1969 c.368 §1; 1993 c.197 §1; 2011 c.18 §2; 2023 c.325 §1]

STATE AID TO VETERANS FOR MEDICAL ISSUES

(Herbicide Exposure)

Notes of Decisions

Cited in 1 case, 1978–1978 · leading case: Smith v. Sch. Dist. No. 1, Multnomah Cty., 578 P.2d 820 (Or. Ct. App. 1978).

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Smith v. Sch. Dist. No. 1, Multnomah Cty., 578 P.2d 820 (Or. Ct. App. 1978). · cites it 2× “The trial court concluded that plaintiff was entitled to 15 working days of military leave under ORS 408.290(1) and awarded him $114 in damages together with costs and attorney’s fees.”

— Or. Rev. Stat. § 408.290(1) — 1 case

Smith v. Sch. Dist. No. 1, Multnomah Cty., 578 P.2d 820 (Or. Ct. App. 1978). “The trial court concluded that plaintiff was entitled to 15 working days of military leave under ORS 408.290(1) and awarded him $114 in damages together with costs and attorney’s fees.”

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