Oregon’s paid sick leave law mandates that employers provide up to 40 hours of sick leave per year. Under Or. Rev. Stat. 653.601–653.661; 659A.150, the size of the employer affects whether this leave must be paid; the thresholds for Portland-based and non-Portland-based businesses differ.
The law provides workers with full protection and establishes specific regulations based on the location and size of the business. The standards ensure access to protected time off while accounting for the varying capacity of different sized companies.
Common Questions About Oregon’s Paid Sick Leave Program
Maintaining workplace compliance and advancing worker welfare need an understanding of Oregon’s paid sick leave laws.
The law outlines specific guidelines for leave accrual and utilization and provides a wide range of worker rights. Here’s what you need to know to stay in compliance.
Who is entitled to paid sick leave in Oregon?
All Oregon employees are eligible for this leave, with the following exceptions:
- Railroad workers who are enrolled in specific work-study or work training programs are excluded from the
- federal Railroad Unemployment Insurance Act.
- People who work for a spouse, parent, or child
- Self-employed people
Which businesses must provide this leave?
All employers in Oregon are required to provide this leave to their workers.
How much leave do companies have to provide?
Employers can use one of two accrual mechanisms:
- One hour of work for every thirty hours, or
- One and a third hours for every forty hours worked
Workers may accrue up to 40 hours per year from the first day of work. For accrual reasons, exempt employees are presumed to work 40 hours per week, unless their normal workweek is shorter.
Employees may also distribute their accrued paid sick leave to their coworkers if the employer’s policy allows it.
Why does Oregon offer paid sick leave?
Employees may take sick leave for physical or mental illnesses, injuries, or health conditions that affect them or a family member in addition to medical diagnosis, treatment, or preventative care.
Additionally, Oregon paid sick leave may be taken for any cause allowed under the Oregon Family Leave Act or Paid Leave Oregon, including domestic violence, sexual assault, harassment, or stalking-related needs.
Additionally, paid sick leave can be taken if a public health emergency closes a business or school, a public health authority or healthcare provider orders a quarantine, people choose to stay at home during dangerous heat or air quality conditions, or emergency evacuation orders are followed.
How does this relate to other types of leave?
Employers can develop a paid time off program that provides similar advantages. Oregon benefits are available during Oregon Family Leave Act leave and are in addition to any other paid leave.
Employers may require employees to use paid sick leave during Oregon Family Leave Act leave, or employees may choose to do so.
Are companies able to limit how many sick days employees can use in a year?
Employers can limit employees’ sick leave to no more than 40 hours per year and cap the total amount accrued at 80 hours.
Is it feasible for employers to provide all of the leave at once instead of letting it build up?
At the beginning of the year, employers are allowed to prepay workers for a minimum of 40 hours of sick leave. If they allow carryover, they are under no obligation to do so.
Do employers have to carry over unused leave?
Employees may carry over up to 40 hours to the following year, subject to the 80-hour total accrual cap. Employers are free from the carryover requirement for paid sick leave if they agree to frontload 40 hours the following year and pay out unused time. If they agree to frontload 40 hours of unpaid absence, there is no need for carryover.
What is the bare minimum of leave that an employee can take?
Usually, employees need to be able to take leave in increments of one hour. If this causes undue hardship, employers may request up to four-hour increments; but, they must also give sufficient notice and allow for a minimum of 56 hours of sick leave annually.
How much notice do companies and employees need to give?
Employers must inform workers of their sick leave entitlements and provide quarterly updates on leave availability before the end of each employee’s first pay period.
This can be done by handbook inclusion, one-on-one discussions, or posting.
Employers may request up to ten days’ notice for predictable leave and notification as soon as is reasonably reasonable for unplanned leave, provided that their requests do not interfere with the use of leave and are in compliance with customary norms.
What type of documentation might companies ask for?
When notification requirements are not met or an absence lasts more than three consecutive workdays, employers may request proof from a healthcare provider within 15 days.
Employers must cover verification costs, including lost wages. Verification cannot require medical descriptions or information about domestic abuse.
The employer may require formal confirmation that the worker has a close personal connection to the person they are caring for, which is equivalent to a familial relationship, when the worker takes sick leave to care for someone they are related to by affinity.
If an attestation form is needed, the employer must give it to the worker. The state provides sample language for an attestation form in OAR § 839-007-0045(10).
Are employees’ jobs and benefits secured when they take this vacation?
It’s true that employees who take this leave do not forfeit their income. Although employers are not obligated to pay out unused sick leave at separation, they must reinstate previously accrued time if employees are rehired within 180 days.
Oregon Paid Sick Leave Laws and Requirements for 2025
