Employers are required by Oregon’s paid sick leave legislation to offer up to 40 hours of sick leave annually. Employer size determines whether this leave must be paid under Or. Rev. Stat. 653.601–653.661; 659A.150, with varying thresholds for firms in and outside of Portland.
The law gives workers complete protection while laying forth precise rules according to the region and size of the enterprise. The requirements take into account the differing capacities of various sized organizations while guaranteeing access to protected time off.
Comprehending Oregon’s paid sick leave regulations is crucial for upholding workplace adherence and promoting worker welfare. The law offers extensive worker rights and specifies precise rules for leave accrual and utilization. What you need to know to maintain compliance is as follows.
- Employees enrolled in certain work-study programs or work training
- The federal Railroad Unemployment Insurance Act exempts railroad employees.
- Individuals who work for a parent, spouse, or child
- Self-employed individuals
Which companies are required to offer this leave?
Employees in Oregon are entitled to this leave from all employers.
How much leave must businesses offer?
There are two accrual mechanisms available to employers:
- For every thirty hours of labor, one hour, or
- For every 40 hours worked, one and a third hours
From the first day of work, employees can accrue up to 40 hours annually. Unless their typical workweek is less, exempt employees are assumed to work 40 hours per week for accrual purposes. If the employer’s policy permits it, workers may also give their colleagues their accumulated paid sick leave.
What is the use of paid sick leave in Oregon?
In addition to medical diagnosis, treatment, or preventative care, employees may take sick leave for their own or a family member’s physical or mental disease, injury, or health condition. Additionally, any reason permitted by the Oregon Family Leave Act or Paid Leave Oregon, such as domestic abuse, harassment, sexual assault, or needs linked to stalking, can be used to take advantage of Oregon paid sick leave.
Furthermore, paid sick leave may be taken in the event that a public health emergency closes a business or school, a quarantine is mandated by a public health authority or healthcare provider, emergency evacuation orders are followed, or people choose to remain at home during hazardous heat or air quality conditions.
What does this have to do with other kinds of leave?
A paid time off policy that offers comparable benefits can be implemented by employers. Paid Leave Oregon benefits are in addition to any other paid leave, and the leave can be used during Oregon Family Leave Act leave. During Oregon Family Leave Act leave, employers may mandate (or employees may elect) to use paid sick leave.
Can businesses restrict the number of sick days that workers can take in a given year?
Employers can cap the total amount of sick leave accrued at 80 hours and restrict employees to taking no more than 40 hours annually.
Is it possible for companies to offer all of the leave at once rather than allowing it to accrue?
Employers are permitted to prepay employees for at least 40 hours of sick leave at the start of the year. They are not obligated to permit carryover if they do so.
Does unused leave have to be carried over by employers?
Subject to the 80-hour total accrual cap, employees may carry over up to 40 hours to the next year. Employers who agree to pay out unused leave and frontload 40 hours the next year are exempt from the carryover requirement for paid sick leave. Carryover is not necessary for unpaid leave if they agree to frontload 40 hours.
What is the minimum amount of leave that an employee is permitted to take?
Employees must typically be able to take leave in hourly increments. Employers may demand up to four-hour increments if this creates excessive hardship, but they must also provide adequate warning and permit at least 56 hours of sick leave per year.
What notice is required of both employers and employees?
By the end of each employee’s first pay period, employers are required to notify workers of their sick leave rights and provide quarterly updates regarding leave availability. Posting, one-on-one conversations, or handbook inclusion can all accomplish this.
Employers may, in accordance with standard protocols that do not impede leave use, request up to ten days’ notice for foreseeable leave and notification as soon as is reasonably possible for unanticipated leave.
What kind of proof are employers allowed to request?
Employers may demand healthcare provider verification within 15 days for absences longer than three consecutive workdays or when notice requirements are not fulfilled. Verification expenses, including lost income, must be paid for by employers. Details on domestic abuse or medical descriptions cannot be required for verification.
When an employee takes sick leave to care for someone they are related to by affinity, the employer may demand that the employee provide written confirmation that they have a strong personal link with the person they are caring for, which is comparable to a familial relationship. The employer must provide the employee with an attestation form if this is required. In OAR § 839-007-0045(10), the state offers sample language for an attestation form.
When workers take this vacation, are their employment and benefits protected?
Yes, workers who take this leave do not lose their jobs. Employers are required to reinstate previously accrued leave if workers are rehired within 180 days, even though they are not required to pay out unused sick leave at separation.
Oregon Paid Sick Leave Laws and Requirements for 2025.