Oregon is the fourth state to pass a statewide law (SB 454) requiring all employers to implement sick leave policies that give employees one week sick leave per year. The law applies to all state and private sector full-time, part-time, seasonal or temporary employees.
Sick Time Accrual & Benefit
Employees generally must accrue sick leave at the minimum rate of one hour for every 30 hours worked. Alternatively, employers may “frontload” or credit eligible employees with a minimum of 40 hours of leave at the beginning of each year.
Employers with operations outside of Portland and who have at least 10 employees working in the state will be required to provide employees up to 40 hours of paid sick leave per year. Employers with Portland operations and who employ at least six employees anywhere in the state will similarly be required to provide up to 40 hours of paid sick leave benefits. Employers with fewer than 10 Oregon-based employees, and fewer than six employees, if operating in Portland, must provide up to 40 hours of unpaid sick leave per year.
Uses of Accrued Sick Leave
Employees may take sick leave in one-hour increments for the following purposes:
- For an employee’s own illness, injury, or health care
- To care of a family member with an illness, injury, or health care need
- For any purpose allowed under the Oregon Family Leave Act (OFLA)
- For any purpose allowed under the Domestic Violence, Harassment, Sexual Assault or Stalking (DVHSAS) Leave Law
- For workplaces or schools closed due to a public health emergency
Employer Notice and Posting Requirements
Employers must provide written notice at least quarterly to each employee stating the amount of accrued and unused sick time available. Employers will also be required to post and provide notice of the law’s provisions in the language(s) the employer typically uses to communicate with employees.
What’s Next?
The Oregon Sick Time law takes effect January 1, 2016. Because of the passage of the statewide Sick Leave Law, Portland’s sick time law will remain in effect until Jan. 1, 2016. Eugene’s sick time law will not take effect.