Oregon Addendum

In addition to the policies and procedures set forth in the University of Denver Employee Handbook (“Handbook”), the information set forth in a particular state addendum applies only to those University of Denver employees working in the state of the applicable addendum. The state addendum modifies the Handbook as set forth below.

In the event of a conflict between the Handbook and any provision of an applicable Addendum, the conflict will be resolved as follows:

• If a benefit provided by the University is more generous than the benefit provided in the applicable Addendum, the University will offer the employee the more generous benefit unless such benefit is limited by statute (e.g., to residents of or employees working in Colorado).

• If a University policy or procedure provides an employee with more protection than that provided under the applicable Addendum, the University’s more protective policy or procedure will apply to internal University processes, and the policy or procedure specified in the applicable Addendum will apply to external proceedings in the applicable state or local agency.

For example, if the University’s Discrimination and Harassment Policy includes more protected statuses than a particular state provides, the University’s Discrimination and Harassment Policy  and the applicable procedures established by the Office of Equal Opportunity & Title IX (EOIX) will apply to a report or complaint filed with EOIX.  For a complaint filed with the state or local civil rights agency, the protections afforded under the state Addendum will apply.

Employees with questions about the Handbook or any applicable Addendum should contact their HR Partner at AskHRPartners@du.edu.

Bone Marrow Donation Leave

Oregon employees who work for an average of at least 20 hours per week may determine the amount of unpaid time off they need to donate bone marrow. Employees may use available vacation  and/or paid sick leave for up to 40 hours of otherwise unpaid time off taken under this policy. 

Employees must provide University of Denver reasonable advance notice of the need to take leave under this policy. University of Denver may request reasonable documentation of the need for such leave, including, but not limited to, verification from a physician or naturopathic physician of the purpose and length of each leave.

Equal Employment and Anti-Discrimination Policy

This is only an excerpt of University of Denver’s complete policy with state specific information included in italics. Please refer to the complete policy for further information.

University of Denver is an equal opportunity employer and makes employment decisions based on merit and University needs. Creating an inclusive and professional environment where employees feel comfortable, safe, and free from inappropriate and disrespectful conduct is one of the University’s core values. 

University of Denver does not discriminate against (in any aspect of employment, including recruiting and hiring, job assignment, compensation, opportunities for advancement, promotion, transfers, evaluation, benefits, training, discipline, and termination), nor does it tolerate harassment by any person, including, co-workers, supervisors, and third parties, on the basis of the following Protected Characteristics: In Oregon: race (including hair that is part of the cultural identification of an ethnic group or that is a physical characteristic of an ethnic group, such as braids, locks, or twists), color, national origin, sex (including pregnancy), sexual orientation (including gender identity), religion, marital status (including domestic partnership), age (18 and older), military status, expunged juvenile record, genetic information, association with a protected class, previously filing a complaint, giving testimony, assisting in any discrimination proceeding, and opposing an unlawful practice under state anti-discrimination law. Employee’s will not be discriminated or retaliated against for refusal to do work that would expose them to serious hazards, when done in good faith and with no reasonable alternative.

Information about the Oregon Civil Rights Division can be found at https://www.oregon.gov/boli/workers/Pages/sexual-harassment.aspx or by calling 971-673-0761.

Paid Leave Oregon

Employees who have earned at least $1,000 in the previous year may be eligible for paid leave under the Paid Leave Oregon program. Employees may take up to 12 weeks of paid leave per year for the following reasons:

• To care for a family member with a serious illness or injury;

• To bond with a new child after birth, adoption, or foster care placement;

• To go through the legal process required for placement of a foster child or the adoption of a child;

• Medical leave during an employee's own serious health condition; and

• Safe leave for survivors of sexual assault, domestic violence, harassment, or stalking.

Employees may take an additional 2 weeks of paid leave for pregnancy-related medical leave.

The amount of pay will be based on an employee's average wages from the previous year. Employees can apply for leave with Paid Leave Oregon online at  or request a paper application from the Oregon Employment Department by email at  or by phone at 833-854-0166. If an employee has worked for University of Denver for more than 90 days then this leave is protected. 

Employees must provide at least 30 days' notice before taking leave under this policy if the leave is expected. If leave must be taken unexpectedly, employees must provide verbal notice within 24 hours of starting their leave and provide written notice within three days after the start of their leave. If the reason an employee uses paid leave also qualifies for leave under the Family Medical Leave Act then employees must take the available leave concurrently.

Holidays

If the University does not recognize Veterans Day, November 11, as a Holiday, Oregon veterans may receive the day off, unpaid, if they provide at least 21 days’ advance notice and provide proof-of-service documentation.

Jury Duty Leave

University of Denver encourages all employees to report for jury duty and provides Oregon employees with unpaid time off for jury duty service. While leave to serve on a jury is unpaid, exempt salaried employees will not have their pay reduced for any week in which they work and also miss time to serve on jury duty, except to offset amounts employees receive as jury duty fees.

After receiving a summons for jury duty, employees must provide notify University of Denver with advance notice of the summons as soon as reasonably possible. University of Denver may request reasonable documentation providing proof of jury duty service to the extent permitted by law. University of Denver will not discharge, discipline, retaliate against, coerce, or otherwise penalize employees who are absent to attend judicial proceedings in response to a summons for jury duty. 

University of Denver will not require or request employees use vacation or paid sick leave for time spent responding to a jury duty summons, participating in jury selection, or serving on a jury.

Meal and Rest Breaks

Unless negotiated otherwise by a collective bargaining agreement, non-exempt Oregon employees who work at least six hours in their workday are entitled and expected to take an unpaid, off-duty, 30-minute meal break. If the employee’s shift is shorter than seven hours, the meal break must be taken between the second and fifth hour of work. If the employee’s shift is longer than seven hours, the meal break must be taken between the third and sixth hour of work. A second meal break is required after 14 hours of work. A third meal break is required after 22 hours of work. A third meal break is required after 22 hours of work.

Employees will be relieved of all duties for the full meal break(s) and are free to leave the premises during those times. Failure to take full meal breaks is a violation of University of Denver policy, which may subject employees to disciplinary action, possibly including termination of employment.

Non-exempt employees are also expected to take a 10-minute paid rest break, on University of Denver premises, for every four hours of work, or major portion thereof, as follows:

Employees under 18 are expected to take a 15-minute paid rest break on University of Denver premises for every four hours of work, according to the same schedule as the chart above.

Employees may not perform any work during their rest breaks. Failure to take a rest break is a violation of University of Denver policy, which may subject employees to disciplinary action, possibly including termination of employment.

Sick Leave

Employees in Oregon accrue unpaid sick leave at a rate of one hour for every 30 hours worked, up to a total of 40 hours per year. Employees may use up to 40 hours per year of sick leave for the following reasons:

• Mental or physical illness, injury, or health condition of the employee or the employee’s family member, including for medical diagnosis, care, treatment, or preventative care;
• Care for a family member with a serious health condition;
• Care for an infant or newly adopted child under 18 years of age, or for a newly placed foster child under 18 years of age, or for an adopted or foster child older than 18 years of age if the child is incapable of self-care because of a mental or physical disability;
• Recover from or seek treatment for a serious health condition of the employee that renders the employee unable to perform at least one of the essential functions of the employee’s regular position;
• Care for a child of the employee who is suffering from an illness, injury or condition that is not a serious health condition but that requires home care.
• For any of the following after the death of a family member:
  • Attend the funeral or alternative to a funeral of the family member;
  • Make arrangements necessitated by the death of the family member; or
  • Grieve the death of the family member; 
• If the employee or their family member are a victim of domestic violence, harassment, sexual assault, or stalking, time off:
  • Seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the employee’s minor child or dependent, including preparing for and participating in protective order proceedings or other civil or criminal legal proceedings;
  • Seek medical treatment for or to recover from injuries caused by the crime or abuse;
  • Obtain counseling from a licensed mental health professional related to the crime or abuse; 
  • Obtain services from a victim services provider;
  • Relocate or take steps to secure an existing home to ensure the health and safety of the employee or the employee’s minor child or dependent; 
• Closure of the employee’s place of business or a child’s school or place of care by order of a public official due to a public health emergency;
• A determination by a lawful public health authority or by a health care provider that the presence of the employee or a family member in the community would jeopardize the health of others; 
• Exclusion from the workplace under any law or rule that requires the University to exclude the employee from the workplace for health reasons; 
• An emergency evacuation order of level 2 (SET) or level 3 (GO) issued by a public official with the authority to do so, if the affected area subject to the order includes either the location of the employer’s place of business or the employee’s home address;
• A determination by a public official with the authority to do so that the air quality index or heat index are at a level where continued exposure to such levels would jeopardize the health of the employee; or
• Other reasons provided under applicable law.

Under this policy, “family member” means: a spouse, registered domestic partner, or other designated person (if the employee does not have a spouse or registered domestic partner and the designation is made in advance); a child; a parent or legal guardian; a grandparent; a grandchild; a biological, adopted, or foster sibling; a spouse of a sibling; or any individual whose close association with the employee is the equivalent of a family relationship. A child includes not only one related biologically, but also one related by adoption, marriage, and/or foster care, a child for whom the employee has legal or physical custody or guardianship, or a child to whom the employee stands in loco parentis. A parent includes a biological, foster, stepparent or adoptive parent or legal guardian of the employee, or a person who stood in loco parentis to the employee when they were a minor child.

Employees are entitled to use accrued sick days beginning on the 91st day of employment, after which they may use sick leave as it is accrued. Employees may take sick leave in increments of no less than one hour. Employees may carry over up to 40 hours of earned sick leave year-to-year not to exceed a total accrual balance of 80 hours.

If the need for sick leave is foreseeable, employees must provide reasonable advance notice to the University and make a reasonable effort to schedule the use of sick days in a manner that does not unduly disrupt the operations of University of Denver. If the need for sick leave is unforeseeable, employees must provide notice of the need for the leave as soon as practicable. If employees are absent for three or more consecutive days, University of Denver may require reasonable documentation that the paid sick time has been used for a purpose set forth in this policy. Reasonable documentation includes certification from a health care provider; a copy of a police report; a copy of a protective order or other evidence from a court, administrative agency, or attorney; or documentation from an attorney, law enforcement officer, health care professional, licensed mental health professional or counselor, member of the clergy, or victim services provider. 

Sick leave will not accrue during any leave of absence. University of Denver may prohibit employees from using sick leave during any shut down period, except as prohibited by law. Any unused sick leave will not be paid upon termination of employment. If employees separate from University of Denver and are rehired within 180 days from their date of separation, their earned but unused sick leave that they had at the time of separation will be reinstated. 

Abuse of the University’s sick leave policy is dishonest and may lead to termination of employment. Employees will not be required to find their replacements for time they take off pursuant to this policy. University of Denver will not retaliate against employees for their use of, or attempt to use, sick days. In addition, an employee will not be retaliated against for filing a complaint alleging violations of sick leave laws, for cooperating in an investigation or prosecution of an alleged violation of sick leave laws, or opposing any policy, practice, or act prohibited by any applicable sick leave laws.

Sexual Harassment Policy

Oregon Information

Nondisclosure or Non-disparagement Agreements 

Under this policy, a nondisclosure agreement is any agreement by which one or more parties agree not to discuss or disclose information regarding any complaint of work-related harassment, discrimination, or sexual assault, including the amount or terms of a settlement.

A non-disparagement agreement is any agreement by which one or more parties agree not to discredit or make negative or disparaging written or oral statements about any other party or University of Denver. 

A no-rehire provision is an agreement that prohibits an employee from seeking reemployment with the employer and allows an employer to not rehire that individual in the future. 

University of Denver will not require a former, current, or prospective employee to enter into any agreement if the purpose or effect of the agreement prevents the employee from disclosing or discussing conduct constituting discrimination, harassment, or sexual assault. 

An employee claiming to be aggrieved by discrimination, harassment, or sexual assault may, however, voluntarily request to enter into a settlement, separation, or severance agreement which contains a non-disclosure, non-disparagement, or no-rehire provision and will have at least seven days to revoke any such agreement. University of Denver will not offer a settlement on the condition of a request for these terms.

Time Limitations 

Nothing in this policy stops any person from filing a formal grievance in accordance with a collective bargaining agreement (if applicable), the Bureau of Labor and Industries’ Civil Rights Division, or the Equal Employment Opportunity Commission. Note that Oregon state law requires that any legal action taken on alleged discriminatory conduct commence no later than five years after the occurrence of the violation. Other applicable laws may have a shorter time limitation on filing.

All employees are encouraged to document any incidents involving discrimination, harassment, or sexual assault as soon as possible.

Volunteer Firefighter Leave

Oregon employees who are volunteer firefighters of a rural fire protection district, firefighters employed by the city, and firefighters employed by a private firefighting service performing services under the Oregon Emergency Conflagration Act may take unpaid time off to respond to a fire or emergency call. 

Employees must provide University of Denver reasonable advance notice of the need for leave under this policy. University of Denver may request reasonable documentation reflecting the need for such leave. University of Denver will notify the employee of their approved leave by written notice. University of Denver will not discriminate or retaliate against any employee for requesting or taking leave in compliance with this policy. 

Employees may use available vacation or paid sick leave during otherwise unpaid time off taken under this policy.

Whistleblower Protection

Purpose

University of Denver is committed to operating its business with honesty and complying with all applicable laws. University of Denver is also committed to providing a workplace that is conducive to open discussion of the University’s business practices. 

Reporting

Employees with concerns or knowledge of misconduct are encouraged to report to the employee’s supervisor or HR Partners at AskHRPartners@du.edu. Misconduct includes illegal, fraudulent, questionable, or dishonest conduct that violates the law or the University’s policies and procedures. 

To facilitate an investigation, the employee’s report should be in writing and include a full statement of the misconduct, people involved, and relevant dates. Employees should use reasonable judgment when reporting. Employees who intentionally file a false report or recklessly make statements in bad faith are not protected by this policy and can be subject to discipline, which may include termination.  

This policy is intended to encourage employees to report good faith concerns about misconduct to University of Denver prior to reporting the concerns outside the University. University of Denver encourages employees to allow the University a reasonable time to correct the conduct. However, employees do not have to first report to University of Denver if there is an emergency or if the employee is reasonably certain the University knows about the misconduct. This policy does not prevent an employee from reporting misconduct to governmental agencies or other parties.

Investigation 

University of Denver will promptly and thoroughly investigate any report of misconduct. All employees have a duty to cooperate and provide accurate information related to any investigation of misconduct. When possible, the reporting employee’s name will be kept confidential. However, the employee’s identity may be disclosed, if permitted by law, to conduct a thorough investigation or provide accused individuals their legal rights of defense. All materials from an investigation under this policy will be kept confidential.

Retaliation

University of Denver will not unlawfully discriminate or retaliate against employees who:

1. Lawfully report or threaten to report misconduct by University of Denver;
2. Participate in an inquiry, court action, investigation, or hearing regarding misconduct; or 
3. Refuse to participate in conduct that violates federal, state, or local law.

Retaliation in any form is prohibited. Employees who suspect they are being retaliated against should contact HR Partners at AskHRPartners@du.edu immediately. 

Employees who retaliate against reporting employees will be subject to disciplinary measures up to termination. Employees who retaliate may also be subject to civil, criminal, and administrative penalties.

Questions

Employees should contact HR Partners at AskHRPartners@du.edu with any questions about this policy.

Witness Duty Leave 

Oregon employees may take unpaid time off to appear in court in compliance with a subpoena, court order, or summons as a witness or prospective witness, including in discovery proceedings. While leave to serve as a witness is unpaid, exempt salaried employees will not have their pay reduced for any week in which they work and also miss to serve as a witness, except to offset amounts employees receive as a witness fee.

Employees must provide University of Denver reasonable advance notice of the need to take time off under this policy. University of Denver may request reasonable documentation reflecting the need for such leave. University of Denver will treat all information related to an employee’s leave pursuant to this policy as confidential, except as required by law. University of Denver will not discriminate or retaliate against any employee for requesting or taking leave in compliance with this policy. 

Employees may use available vacation or paid sick leave during otherwise unpaid time off taken under this policy.