Final Draft Sick Rules and Notices Published

December, 2015

By Ryan Orr, JD, Human Resource and Compliance Consultant
Cascade Employers Association
[email protected]

On December 2, BOLI published its final draft sick leave rules. While the rules contain some additional clarifications, many topics that were unclear in the initial rules remain so. The final rules are expected on December 15, and we will provide you with a more in depth analysis of them when we know what will be included.

For now, you should know this about the final draft rules:

  • They sync the definition of medical provider with OFLA;
  • They do very little to clarify confusion over the joint employer rule;
  • They clarify that it is acceptable to have different policies for different classifications of employees, as long as they are customary classifications, such as full-time, part-time, regular, temporary, seasonal, exempt, non-exempt, etc.;
  • They clarify the consequences of failing to provide notices or a clear call-in policy to employees;
  • They explain how sick/PTO systems can change from accrual to frontloading and vice versa;
  • They provide other clarifications on frontloading and the undue hardship exception for increments of use.

Additionally, BOLI has provided us with three model documents: A sick leave poster, a quarterly notice of sick leave balances, and the notice to employee of undue hardship. The poster is not required. The quarterly notice is required unless you provide employees with information on their leave accruals, use, and balances by another method at least quarterly, such as a paystub. The undue hardship notice is required only if claiming the undue hardship exception.

We'll keep you updated as we know more. For questions about the new sick leave law or for a review of your policy, contact Cascade today.


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