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Oregon Sick Leave

Oregon Paid Sick Leave

On June 12, 2015 Oregon became the fourth state in the country to provide paid or unpaid sick time to most employees, starting January 1, 2016, provided that Governor Kate Brown will sign the bill.

Paid sick leave, for whom and how much?

Oregon without Portland
Under the measure all employees - of both private and public employers, having 10 or more employees - will accrue an hour of paid sick time against your regular pay rate for every 30 hours they work, to be capped to 40 hours of leave per calendar year.

Portland
Employees - of both private and public employers in Portland, having 6 or more employees anywhere in the state  - will accrue one hour of paid sick leave against your regular pay rate for every 30 hours worked, to be capped to 40 hours of leave per calendar year. 

Unpaid sick leave, for whom and how much?

Oregon without Portland
Employees - of both private and public employers, having 9 or less employees  - will accrue one hour of unpaid sick leave against their regular pay rate for every 30 hours worked, to be capped to 40 hours of leave per calendar year. 

Portland
Employees - of both private and public employers, having 5 or less employees  - will accrue one hour of unpaid sick leave against their regular pay rate for every 30 hours worked, to be capped to 40 hours of leave per calendar year.

Collective Bargaining Agreements

Most employees covered by CBAs that address paid sick leave will be eligible for sick time under both the terms of the CBA and the proposed state law, even if they conflict, and there is no provision allowing for employers and unions to agree to waive compliance under a CBA.

The only exception will be for employees:
(1) whose terms and conditions of employment are covered by a CBA, 
(2) who are employed through hiring halls or similar referral systems, 
(3) whose employment-related benefits are provided by a joint multi-employer-employee trust or benefit plan. 

When will I start to accrue sick leave?

On the first day of employment, although your are not eligible to use any accrued leave until after working 90 days. Your employer may frontload your 40 hours of sick time as soon as you are eligible to use the leave after 90 days of employment. 
 

How to use sick time?

The earned sick time can be used when a worker is ill, injured or need to tend to a medical condition, of themselves, spouse, children or parent; to attend routine medical appointments of themselves or their child, spouse, parent; to address the effects of domestic violence on themselves or their dependent child; in the event of a public health emergency, including closure of your place of business, school or care place of your child by order of a public official, health authority, health care provider.

Employers could require certification of the need for sick time.

Can I save unused sick time from year to year?

Unused earned sick time can be carried over to the next year, but you cannot accrue a total of more than 80 hours of sick time.  
Carryover is not required if you and your employer agree at the end of the year to pay out the unused sick time, provided that your employer frontloads you a full bank of sick leave on the first ay of the next year. If your employer frontloads your leave you are not allowed to carry over sick time.
Your employer is not obligated to pay out unused sick time at the end of the year, and does not need to pay you compensation for unused sick time upon your termination, resignation, retirement or other ways of separation from employment.

What if I lose my job, pay or promotion when I use my sick time?

The new law will be enforced by BOLI (Bureau of Labor and Industries) and by employees through private lawsuits. BOLI cannot asses penalties until 2017 for anything but civil rights claims, such as discrimination or retaliation.

Read the whole sick leave bill 454

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