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Oregon Revised Statutes

Or. Rev. Stat. § 659A.312 (2026)

Leave of absence to donate bone marrow; verification by employer

✓ current as of May 2026
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      659A.312 Leave of absence to donate bone marrow; verification by employer. (1) It is an unlawful employment practice for an employer to deny to grant already accrued paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. The total length of the leaves shall be determined by the employee, but shall not exceed the amount of already accrued paid leave or 40 work hours, whichever is less, unless agreed to by the employer.

      (2) The employer may require verification by a physician or naturopathic physician of the purpose and length of each leave requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence used by the employee prior to that medical determination is not affected.

      (3) An employer shall not retaliate against an employee for requesting or using accrued paid leave of absence as provided by this section.

      (4) This section does not:

      (a) Prevent an employer from providing leave for bone marrow donations in addition to leave required under this section.

      (b) Affect an employee’s rights with respect to any other employment benefit.

      (5) This section applies only to employees who work an average of 20 or more hours per week. [Formerly 659.358; 2017 c.356 §82]

Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: Elk Creek Mgmt. Co. v. Gilbert, 303 P.3d 929 (Or. 2013).
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Elk Creek Mgmt. Co. v. Gilbert, 303 P.3d 929 (Or. 2013). “170 (prohibiting employers from retaliating against Oregon Disabilities Commission members “for” member’s giving of testimony to legislature); ORS 659A.312(3) (prohibiting employers from retaliating against employees “for” requesting leave to donate bone marrow); ORS 441.”
— Or. Rev. Stat. § 659A.312(3) — 1 case
Elk Creek Mgmt. Co. v. Gilbert, 303 P.3d 929 (Or. 2013). “170 (prohibiting employers from retaliating against Oregon Disabilities Commission members “for” member’s giving of testimony to legislature); ORS 659A.312(3) (prohibiting employers from retaliating against employees “for” requesting leave to donate bone marrow); ORS 441.”
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