On July 22nd, Oregon’s Bureau of Labor and Industries (BOLI) announced a temporary administrative order regarding Oregon’s Sick Leave law. Effective July 22, 2021 through January 17, 2022, Oregon’s paid sick leave is available when a public official determines that air quality and heat index exposure may jeopardize the health of employees, prevent an employee from complying with an evacuation order, or result in job loss for an employee who needs to stay home. These reasons are in addition to the Oregon Paid Sick Leave’s usual reasons:
- Employee’s own illness, injury, or health condition, including time off for medical diagnosis, care, treatment, and preventive care;
- Care for employee’s family member with an illness, injury, or health condition, including time off for medical diagnosis, care, treatment, and preventive care;
- For purposes allowed under OFLA, such as bereavement leave, caring for a newborn child or newly adopted/foster child, or sick child leave, regardless of whether the employee is eligible for OFLA leave and regardless of whether the company is a "covered employer" under OFLA;
- For any purpose allowed under Oregon's domestic violence, harassment, sexual assault, or stalking law; or
- A public health emergency, including upon an order of a general or specific public health emergency, or when an employer requires employees to be away from the workplace by law or rule for health reasons.
- NEW: When a public official with the authority orders emergency evacuations or determines that air quality and heat index exposure may: A) Jeopardize the health of workers; B) Prevent a worker from complying with an evacuation order; or C) Result in job loss for a worker who needs to stay home.
As a reminder, all Oregon employees must accrue 1 hour of protected sick time for every 30 hours worked (including overtime hours), up to 40 hours per year. Alternatively, employers may choose to frontload at least 40 hours of sick time at the beginning of the year. If an employer chooses the frontload method, all employees must receive 40 hours of sick leave regardless of whether they are part-time or not. The only exception to this is new hires, whose 40 hours of sick leave may be prorated. To be eligible to be provided with and use sick leave, employees must have worked with the employer at least 90 days. Sick leave must be used in increments of at least one hour and is paid at the employee’s regular rate of pay.
Please don’t hesitate to reach out if you have any questions!