(a) The employee would otherwise be required to work on that day; and

(b) The employee provides the employer with:

(A) At least 21 calendar days’ notice that the employee intends to take time off for Veterans Day; and

(B) Documents showing that the employee is a veteran as defined in ORS 408.225.

(2) If the employer determines that providing time off under subsection (1) of this section would cause the employer to experience significant economic or operational disruption, or undue hardship as described in ORS 659A.121, the employer is not required to comply with subsection (1) of this section.

(3) The employer shall, at least 14 calendar days before Veterans Day, notify the employee whether the employee will be provided time off for Veterans Day and whether the time off will be paid or unpaid.

(4) If the employer determines that the employer cannot provide time off to all of the employees who requested time off under subsection (1) of this section, the employer shall:

(a) Deny time off to all employees who requested time off; or

(b) Deny time off to the minimum number of employees needed by the employer to avoid significant economic or operational disruption, or undue hardship as described in ORS 659A.121.

(5) An employer shall allow an employee who is a veteran and who does not receive time off for Veterans Day to choose, with the employer’s approval, a single day off within the year after the Veterans Day on which the employee worked as a replacement for Veterans Day to honor the employee’s service. [2013 c.28 §1]

Note: 408.495 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 408 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.