In Oregon, employers have to offer a sick leave rate of one hour for each 30 hours worked. Employees are capable of earning up to 40 hours of time in a year. An employer with between six and 10 employees is considered a small business employer, and their employees may be subject to different sick leave rules.
Overtime hours worked are also considered as worked time. Employees working on exempted tasks have 40 hours each week to collect sick leave. If an employer wants an employee to get up to an hour of increments by using sick leave, then the employer has to offer up to 56 sick leave hours each year to the employee.
Employees are also expected to make sensible efforts to manage their sick leave so that it complies with their employer’s plans. Obviously, illness is not something one can necessarily plan for, and it is recommended that employees keep track of their time and let employers know as soon as possible that they need to use their sick leave. It helps employers organize themselves while also staying fair to employees.
Senate Bill 299 regarding Oregon sick policies and amendments to these policies was signed into law by Governor Brown and started to take effect on January 1, 2018. One of the most important factors in the amendments is how it clearly highlights what happens when paid time off is used to fulfill the employers sick leave duties. Initially, an employer was obliged to secure first 40 hours of the paid time off (PTO) employed in a whole year, despite how the paid time off was used for sick leave purposes or other purposes.
The Bureau of Labor and Industries (BOLI) is making sure that the employer knows how paid time off is utilized and secures the first 40 hours used. The changes in the laws also made it clear that employers should protect the first 40 hours of paid time off utilized despite the usage. BOLI also explains that a paid time off schedule should respect all sick leave demands solely for the first 40 hours each year. After that, an employer is free to come up with any policies on the remaining time.
Employers with at least six employees in and out of Portland city have to offer paid sick leave, though employers with less number of employees should not offer paid sick leave, but they have to offer sick leave time. Currently the law states that employees earning on a commission basis will earn at their consistent rate, if a systematic rate is not introduced at a rate that is similar to the minimum wage.
Oregon amendments scraped off the consistent rate clause in this part to enable employees working on commission to earn the minimum wage for sick leave utilized, unless a bigger rate is provided by the employer. The amendments also make it clear that employees earning on a regular basis on commission plus wage are entitled to a sick leave for their regular working rate at a minimum pay, whichever is considerable. It is recommended for employees to learn how paid time off works especially if they work on commission plus wage. If you are an employee and need assistance, do not hesitate to contact HKM Employment Attorneys online or at 503-389-1130, available 24/7.