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New State Law Gives Veterans Day Off for Veterans Day

May 21, 2013


Barran Liebman
Oregon Law Firm

On April 4, 2013, Governor Kitzhaber signed into law a new requirement that Oregon employers provide employees who are veterans with time off on Veterans Day.

Under the new law, an eligible employee who is otherwise scheduled to work on Veterans Day is entitled to take the day off upon request. Employees are eligible if they served on active duty in the Armed Forces for at least 6 months and received a discharge under honorable conditions. Military service in a reserve or National Guard unit does not qualify an employee as a veteran, unless the employee was deployed or served on active duty for at least 6 months. The employer may require the employee to provide documents establishing his or her status as an eligible veteran. If questions remain about an employee’s eligibility under the Veterans Day law, contact legal counsel or the Oregon Department of Veterans’ Affairs.

Employers may deny the veteran request only if they can demonstrate that granting the request would cause a significant economic or operational disruption or an undue hardship to the company. In those circumstances, the employer must then allow the employee a single day off before the following Veterans Day to honor the holiday. That day off must be in addition to any other time off to which the employee would otherwise be entitled.

Employees seeking Veterans Day off must make the request with at least 21 days’ advance notice. Employers must respond to the request at least 14 days prior to Veterans Day. The response must inform the employee whether he or she will receive time off on Veterans Day and whether the time off will be paid or unpaid. Whether the time off is paid or unpaid is at the discretion of the employer.

The new law is effective immediately, so start preparing now to be ready to process requests for time off for Veterans Day, which falls on Monday, November 11, 2013.

  
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William Heino Sr. January 27, 2015

The reason disabled veterans are denied benefits, Oregon.

In order to protect veterans benefits, Oregon Attorney General has initiated a law suit against the Veterans Administration for a violation of federal law. Oregon Attorney General Ellen Rosenblum, sues the Department of Veterans Affairs for failing to follow a federal law under the Randolph-Sheppard Act of 1936, breaking a law which is to provide economic opportunities and job stimulation for people who are blind, according to the lawsuit filed Friday 1/5/2014 in Medford’s U.S. District Court.(Bryan Denson, Oregonianlive.com)

Oregon now protecting VA veterans benefits?

Oregon’s statutes describe both state and federal law protections of a disabled veterans compensation, i.e. 38 USC 5301. The reality is, an Oregon disabled veteran standing before a state judge these enacted legislative protections do not apply. Ask disabled veteran Peter James Barclay.

Oregon’s statutes clearly offer many references, in compliance, observance, and their adherence to both state and federal law and protecting veterans benefits.

18.600 Definitions. As used in ORS 18.600 to 18.850:
(6) “Federal benefit payment” means:
(b) “A benefit payment from the United States Department of Veterans Affairs that is protected under 38 U.S.C. 5301(a);”

34 § 411.837¹ Compliance with state and federal laws required
10 § 409.040¹ Federal law supersedes state law.
26 § 279A.030¹ Federal law prevails in case of conflict

ORS 18.345 Exempt personal property generally. (1) “All property, including franchises, or rights or interest therein, of the judgment debtor, shall be liable to an execution, except as provided in this section and in other statutes granting exemptions from execution. The following property, or rights or interest therein of the judgment debtor, except as provided in ORS 18.305, shall be exempt from execution:
(m) Veterans’ benefits and loans.”
(ORS 18.305 [Property not exempt from execution for purchase price])

ORS 18.845 Notice of exemptions form; instructions for challenge to garnishment.
“State and federal law specify that certain property may not be taken.
(21) Veterans’ benefits and loans.
(22) Medical assistance benefits.”
YOU MAY USE THE CHALLENGE TO GARNISHMENT FORM ONLY FOR THE FOLLOWING PURPOSES:
(1) “To claim such exemptions from garnishment as are permitted by law.”

Oregon’s reference’s to state federal law statutes indicates compliance. Benefits protected under 38 USC 5301. Nonassignability and exempt status of benefits, is the Oregon state and federal protection of the disabled veteran’s VA disability compensation. “(a)(1) shall not be assignable… shall be exempt from taxation, .. creditors, ..attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.”

“The power to regulate, is the power to govern.” The United States Supreme Court has stated that, a state divorce judgment, “Like other law governing the economic aspects of domestic relations, must give way to clearly conflicting federal enactments.” Ridgway v. Ridgway, 454 U.S. 46, 55 (1981).

Yet, Oregon courts, rather than comply with State or federal law (38 USC 5301) in protecting veterans benefits, offer in response, Landis v Landis, Oregon 6/1/2005, “.. benefits are divisible … because there is no conflict.” The United States Supreme Court concurs. Disabled veterans need not apply!

After costly legal expense, it wasn’t disabled Air Force veteran Oregon resident Peter James Barclay, or the thousands of other disabled veterans that received any benefit of these state and federal laws, involved in protecting VA disability compensation from State court ordered spousal support, and then, adding insult, denied his Constitution rights by Oregon’s State Supreme Court. And further, the unforgivable refusal of the United States Supreme Court to consider his May 2, 2012 petition, requesting, “The Court Should Grant Review to Determine Whether State Courts Are Erring as a Matter of Law By Preempting Federal Law with State Law Federal Law, by Considering VA Disability Pay Divisible Under State Community or Equitable Distribution Laws.” (Oct 1 2012) Petition DENIED.

“It is well established that disability benefits are a protected property interest and may not be discontinued without due process of law.” See Atkins v. Parker, 472 U.S. 115, 128 (1985); Mathews v. Eldridge, 424 U.S. 319, 332 (1976)

Because of the Supreme Court of the United States and Oregon’s indefensible and unconscionable treatment of disabled veterans, reflects the unforgivable uncaring of most States, and it’s legislators towards their disabled veterans. Something that is happening now, in your state! Happening… because of Oregon’s rulings, by State courts nationwide reliance on forum shopping and the false notion of ‘stare decisis’ “to stand by things decided.” I suspect these references in Oregon’s state statutes, protecting state and federal veterans disability benefits, will, under pressure by Oregon’s legislators legal community, amend the law, (as they did it in Texas).

As a Korean era veteran, I am neither disabled, or in any divorce action.. The reality of law from a disabled veteran’s view.

William Heino Sr.

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