On July 1, 2015, employees that work in the city of Eugene, Oregon will start earning a new benefit – paid sick leave. A proposed rule released earlier this month by the city of Eugene suggests how the paid sick leave law will operate. As proposed, the following conditions will apply:
Who Is Covered by the Ordinance?
Under the city’s sick leave ordinance, any employee performing work within Eugene will accrue paid sick leave, regardless of where the employer is located. The place where an employee performs work determines when the employee will earn paid sick leave time.
How is Paid Sick Leave Accrued?
Under the law, employees will accrue 1 hour of paid sick leave for every 30 hours worked in the city. Employees will be allowed to accrue up to 40 hours per year. Alternatively, employers can make the full 40 hours available from the start of each year. Where an employer does not frontload the paid sick leave, employees will be allowed to carry over up to 40 hours of accrued sick leave to the next year.
What Can Paid Leave Time Be Used For?
Paid sick leave can be used for the following reasons:
- Diagnosis, care, or treatment of the employee’s own or the employee’s family member’s mental or physical illness, injury or health condition, including routine preventive care;
- Time off related to domestic violence, harassment, sexual assault, or stalking;
- Time off necessitated by work, school, or child care closures; and
- Absences caused by an employee being excluded from the workplace for health reasons.
Employees may not use sick time until they have been employed at least 90 days. In addition, employees of businesses based outside of Eugene must work at least 240 hours within the city before they will be allowed to use accrued leave.
Notice to Employees
Every employer subject to the ordinance will be required to provide to employees written notice about the city’s ordinance and rules. The notices must be in English and any other language the business uses to communicate with its employees. The notice must explain the use, accrual, and other provisions of the law, including the protection from retaliation for requesting or taking sick time and the right to file a complaint for violations. Employers also will be required to notify each employee at least quarterly of the amount of accrued and unused sick leave the employee has available.
What’s Next?
Right now there is no need for employers to amend their policies or change their practices. There will be a 3-month compliancy grace period once the proposed rules become final. Employers with paid time off (PTO) or sick leave policies that equal or exceed the requirements of the ordinance will be deemed in compliance with the accrual and use sections of the ordinance.