Effective January 1, 2018, Employers may cap accrual at 40 instead of 80 hours per year. Employers may also limit carry-over of unused sick time from one year to the next.
Nearly every employee in Oregon should be provided with either paid or unpaid sick leave. The Oregon Sick Leave law has some specific carve outs for employees who are not affected, such as federal government employees. All other employees must be provided some type of sick leave.
Essentially the Oregon Sick Leave law divides employers into two categories, large and small employers, to determine if an employer has to offer paid sick leave.
- Large Employers (10 or more employees) – paid sick leave
- Small Employers (less than 10 employees) – unpaid sick leave
Oregon Sick Leave supersedes all local sick leave laws. One exception is Portland Sick Leave where the definition of a ‘large’ employer is six or more employees. The Oregon Sick Leave law is 11 pages long and there are exceptions throughout the law.
If your employee count fluctuates, you have to look back over the last 12 months and count the number of employees per week. If you have 20 or more weeks with 10 or more employees, the sick leave must be paid.
The Oregon Bureau of Labor and Industries has been given rule-making authority to implement the law. You can read the Oregon Administrative Rules here.
Frequently Asked Questions:
- How does sick leave accrue?
- When is leave awarded and renewed?
- How do I use sick leave?
- What do I do with unused sick leave?
- What if I already have a Vacation Policy?
- What if I already have a PTO Policy?
- How do I track sick leave?
- Are my Employees abusing Sick Leave?
How Cardinal can help:
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Disclaimer: Cardinal is providing this page as a guide to human resource best practices. The content of this website is not intended to be legal advice.
For $10 we will send you four model Oregon sick leave policies including front load paid sick leave, front load unpaid sick leave, paid sick leave, and unpaid sick leave.
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