Effective January 1, 2016, Oregon will join a small but growing number of states who require paid sick leave. In general, private employers in Oregon who employ 10 or more employees (and 6 or more in Portland) are required to provide paid sick leave to all employees: temporary, part-time, full time. Further, employers with less than 10 employees (and less than 6 in Portland) must provide unpaid sick leave in accord with the statute.

While many employers already offer paid time off for illness, the law has a number of specific requirements that require attention and many practices and policies will need to be updated. Below are a few:

Accrual: Employees must earn 1 hour for every 30 hours worked, up to 40 hours of sick leave (or 1-1/3 hour for every 40 hours worked) in a year. Employers can allow the accrual and use of more paid sick leave. If an employer has the paid sick leave accrue over the year, it must allow employees to carryover up to 40 unused paid sick leave hours to allow for potential leave early in the next year. Employers may also choose instead to front load the full amount of paid sick leave to avoid the accrual calculations and can then prohibit the carryover of hours.

Purpose: Employees may take paid sick leave for the employee's own illness, injury, or preventative medical care. In addition, the employee can take leave for the same reasons for a family member. Family member is broadly defined as: spouse, child, parents, parent-in-law, grandparent, grandchildren, and same sex domestic partner. In addition, an employee may take sick leave for a public health emergency which may close a school or place of work, to take certain steps to deal with domestic violence or sexual assault, death of a family member, and any OFLA leave. 

No Retaliation: Employers cannot retaliate against an employee who makes a legitimate sick leave request. An employer can only seek medical verification of the need for sick leave if the employee takes more than 3 consecutively scheduled days of leave. Employers must pay for any out of pocket costs associated with the medical verification 

Enforcement of Legal Claims: The Bureau of Labor and Industry (BOLI) will receive and investigate complaints of noncompliance and issue fines. Further, an employee can file a lawsuit to seek reinstatement with or without back pay of up to two years and attorney fees. 

Even though you may already offer substantial paid leave, your policies and practices are likely not in compliance with this new law. Review your policy and contact us to help ensure compliance. BOLI will publish rules to further advise employers on this new law and we will keep you posted.  

(SB 454)