Effective January 1, 2016, employers in the state of Oregon are required to implement sick time policies that provide paid sick time to employees.
What is Confident doing?
Confident has implemented our 2016 Oregon Sick Leave – Hourly Accrual System for all employees of each of the Confident companies.
Sick time policy – CLIENTS
Confident can help our client companies formulate a sick time policy that your company may adopt for your company’s compliance. Confident Clients will be required to sign an addendum to your current Client Services Agreement, agreeing to compliance and cooperation of the new Oregon Sick Time Law.
Sick time policy – EMPLOYEES
Confident provides the BOLI Requirements of Oregon’s Sick Time Law on the employee portal for all employees to access on demand as well as our Sick Time policy and procedures.
You can use these links to access related state laws online:
Stay tuned to our website and social media accounts for updates, helpful information and tips for remaining compliant with the law.
Oregon Sick Time
Q. What is Oregon Sick Time?
A. Beginning January 1, 2016, all employers with more than 10 employees (6 in Portland) in Oregon must provide up to 40 hours of paid leave per year. Employers with less than 10 employees (less than 6 in Portland) must provide 40 hours of unpaid protected sick time.
Q. How does Oregon Sick Time accrue?
A. Employees accrue 1 hour of sick time for every 30 hours worked or 1-1/3 hours for every 40 hours worked.
Q. When are employees eligible to take Oregon Sick Time?
A. Employees are eligible for Oregon Sick Time on their 91st day of employment.
Q. What if I have 11 employees but only for a short period of time as seasonal employees?A. For counting purposes, all employees (full-time, part-time, and temporary) will be looked at for determining the number of employees an employer has. The number of employees is calculated based on the number of employees an employer has per day during each of 20 workweeks in the calendar or fiscal year immediately preceding the year in which an employee’s sick time is to be taken.
Q. What is meant by a Year? How is it measured?
A. ”Year” includes any consecutive 12-month period, such as a calendar year, a tax year, a fiscal year, a contract year or the 12-month period beginning on the anniversary of the date of employment.
Q. How much is an employee paid for Oregon Sick Time?
A. Their regular rate of pay. If an employee is paid on a commission or piece-rate, the employee needs to be paid at least Oregon minimum wage.
Q. Does an employer have to pay sick time out when an employee leaves employment?
A. No. The statute is specific. An employer does not have to pay out for accrued unused sick time.
Q. What if an employer has an existing sick time or PTO?
A. If this plan is, “substantially equivalent” or more generous to the employee than the minimums of the law, this policy shall be deemed, “in compliance.”
For what purposes may sick time be used?
Employees are entitled to use sick time for the following purposes:
- For an employee’s or family member’s mental or physical illness, injury or health condition or need for medical diagnosis of these conditions or need for preventive medical care.
- To care for an infant or newly adopted child under 18, or for a newly placed foster child under 18, or for a child over 18 if the child is incapable of self-care because of mental or physical disability.
- To care for a family member with a serious health condition.
- To recover from or seek treatment for a serious health condition that renders the employee unable to perform at least one of the essential functions of the employee’s job.
- To care for a child of the employee who is suffering from a non-serious illness, injury or condition.
- To deal with the death of a family member by attending the funeral or alternative, making arrangements necessitated by the death of a family member, or grieving the death of a family member.
- To 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 for proceedings related to domestic violence, harassment, sexual assault, or stalking.
- To seek medical treatment, recover from injuries, or obtain services related to domestic violence, sexual assault, harassment or stalking incidents to the employee or employee’s minor child or dependent.
- To donate sick time to another employee for qualifying purposes if the employer has a policy allowing such donations.
- For certain public health emergencies.
Nothing on this notice or website is intended as legal advice. Any responses to specific questions are based on the facts as we understand them, and not intended to apply to any other situations. This communication is not an agency order. If you need legal advice, please consult an attorney. We attempt to update the information on this website as soon as practicable following changes or developments in the laws and rules affecting Oregon employers, but we make no warranties or representations, express or implied, about whether the information provided is current. We urge you to check the applicable statutes and administrative rules yourself and to consult with legal counsel prior to taking action that may invoke employee rights or employer responsibilities or omitting to act when required by law to act.