Oregon paid sick leave laws require employers to provide up to 40 hours of sick leave per year. Under Or. Rev. Stat. 653.601 – 653.661; 659A.150, whether this leave must be paid depends on employer size, with different thresholds for employers within and outside Portland.
The law provides comprehensive protection for workers while establishing clear guidelines based on employer size and location. Requirements are designed to ensure access to protected time off while considering the varying capacities of different sized businesses.
Common Questions About Oregon Paid Sick Leave
Understanding Oregon paid sick leave requirements is essential for maintaining workplace compliance and supporting employee well-being. The law establishes specific guidelines for leave accrual and usage while providing comprehensive worker protections. Here’s what you need to know to stay compliant.
Who can take paid sick leave in Oregon?
All employees in Oregon can take this leave, except for:
- Workers in work training or certain work-study programs
- Railroad workers exempt under the federal Railroad Unemployment Insurance Act
- People employed by a parent, spouse, or child
- Independent contractors
Which employers have to provide this leave?
All employers must provide this leave to Oregon employees.
How much leave do employers need to provide?
Employers can choose between two accrual methods:
- One hour for every 30 hours worked, or
- One and one-third hours for every 40 hours worked
Employees can accrue up to 40 hours per year, beginning on their first day of work. Exempt employees are presumed to work 40 hours per week for accrual purposes, unless their normal workweek is shorter. Employees can also donate accrued paid sick leave to coworkers if the employer’s policy allows.
What can Oregon paid sick leave be used for?
Employees can use sick leave for their own or a family member’s mental or physical illness, injury, or health condition, as well as medical diagnosis, treatment, or preventative care. In addition, use of Oregon paid sick leave applies to any reasons allowed under the Oregon Family Leave Act or Paid Leave Oregon, including domestic violence, harassment, sexual assault, or stalking-related needs.
Additionally, paid sick leave can be taken for business or school closure due to public health emergency, quarantine ordered by public health authority or healthcare provider, or compliance with emergency evacuation orders or staying home during dangerous air quality or heat conditions.
How does this relate to other types of leave?
Employers can use a paid time off policy that provides equivalent benefits. The leave can be used during Oregon Family Leave Act leave, while Paid Leave Oregon benefits are in addition to any other paid leave. Employers can require (or employees can choose) to use paid sick leave during Oregon Family Leave Act leave.
Can employers limit how many hours of sick leave employees use in a year?
Employers can limit employees to taking 40 hours of sick leave per year and can cap total accrual at 80 hours.
Can employers provide all the leave at once instead of letting it accrue?
Yes, employers can frontload at least 40 hours of sick leave at the beginning of the year. If they do so, they aren’t required to allow carryover.
Do employers have to carry over unused leave?
Employees can carry over up to 40 hours to the next year, subject to the 80-hour total accrual cap. For employers required to provide paid sick leave, carryover isn’t required if they agree to pay out unused leave and frontload 40 hours the next year. For unpaid leave, carryover isn’t required if they agree to frontload 40 hours.
What is the smallest amount of leave an employee can use?
Generally, employees must be allowed to use leave in hourly increments. If this causes undue hardship, employers can require up to four-hour increments but must then allow at least 56 hours of sick time annually and provide appropriate notice.
What notice do employers and employees need to provide?
Employers must provide notice of sick leave rights by the end of each employee’s first pay period and quarterly updates about available leave. This can be done through posting, individual communication, or handbook inclusion.
For employees, employers can require up to 10 days’ advance notice for foreseeable leave and notice as soon as practicable for unforeseeable leave, following normal procedures that don’t interfere with leave use.
What verification can employers ask for?
For absences exceeding three consecutive workdays or when notice requirements aren’t met, employers can require healthcare provider verification within 15 days. Employers must cover verification costs, including lost wages. Verification cannot require description of illness or domestic violence details.
If an employee takes sick leave to care for a person related by affinity, the employer can require the employee to attest in writing that the employee and the person they’re caring for have a significant personal bond that is the equivalent of a family relationship. If the employer requires this, it has to give the employee an attestation form. The state provides model language for an attestation form in OAR § 839-007-0045(10).
Are employees’ jobs and benefits protected when they take this leave?
Yes, employees’ jobs are protected when taking this leave. While employers don’t have to pay out unused sick leave at separation, they must reinstate previously accrued leave if employees are rehired within 180 days.
Simplify Oregon Paid Sick Leave with SixFifty
Navigating Oregon paid sick leave requirements can be complex, especially with varying requirements based on company size and location. SixFifty’s solutions streamline the process, ensuring your policies align with all requirements while reducing the administrative burden on your HR team. We’re here to keep you compliant—even as paid sick leave laws evolve.
Want to see how it works? Schedule a free demo today!
