When an employee who is a member of the Oregon state militia is called to active service, the employee must be granted a leave of absence until released from active service. During that time, the employee's position must be considered vacant and the person may not be removed or discharged from the position because of the leave. Employers are not required to pay wages or other compensation to employees on leave. Employees are entitled to up to 15 days of leave per year for military training.
Reinstatement. After completing military leave, the employee must be
restored to that position or an equivalent position without loss of seniority,
vacation credits, sick leave credits, service credits under a pension plan or
any other employee benefit or right that had been earned at the time of the
leave of absence. The employee must be qualified to perform the job and must
apply within 90 days of release from duty or service-related hospitalization of
up to one year. If not qualified for the former job, the employee must be
restored to a similar position. Restored employees may not be discharged without
cause for one year.