Employers Must Offer Paid Sick Leave in Oregon

Effective January 1, 2016 a new law goes into effect in Oregon which requqires employers to provide paid and unpaid sick leave to their employees.

According to the new law (Chapter 653.606 Oregon Code) all employers with 10 or more employees (​at least 6 for employers located in Portland) in Oregon must provide up to 40 hours of paid leave per year. 

Employers with less than 10 employees (less than 6 for employers located in Portland) must provide up to 40 hours of unpaid protected sick time.

Paid sick time shall accrue at the rate of at least one hour of paid sick time for every 30 hours the employee works or 1-1/3 hours for every 40 hours the employee works.

Unpaid sick time shall accrue at the rate of at least one hour of unpaid sick time for every 30 hours the employee works or 1-1/3 hours for every 40 hours the employee works.

The number of employees employed by an employer shall be ascertained by determining that the per-day average number of employees is 10 or greater for each of 20 workweeks in the calendar year or the fiscal year of the employer immediately preceding the year in which the leave is to be taken.

An employee shall begin to earn and accrue sick time on the first day of employment with an employer. The employee may carry over up to 40 hours of unused sick time from one year to a subsequent year. However, an employer may adopt a policy that limits:

(a) An employee to accruing no more than 80 hours of sick time; or

(b) An employee to using no more than 40 hours of sick time in a year.

Employers with 10 or more employees is not required to carry over unused sick time if they agree to pay the employee for unused sick leave at the end of the year in which the leave is accrued and credit the employee with an amount of paid sick time at the on the first day of the immediate subsequent year.

Employers with less than 10 employees are not required to carry over unused sick leave if they agree to credit the employee with sick leave on the first day of the immediate subsequent year.

Employees will be allowed to start using sick leave on the 91^st calendar day of employment and may use sick t leave as it is accrued.  The employer may authorize an employee to use accrued sick leave prior to the 91^st calendar day of employment.

An employer may not require an employee to find a replacement for their shift or work an alternate shift to make up for using sick leave.

An employer shall restore previously accrued unused sick time to an employee who is reemployed by that employer within 180 days of separation from employment with the employer.

Sources:
BOLI
Chapter 653.606 Oregon Code
Oregon Sick Leave Q&A

By Bill Williams