ORS 653.606
Employee count

  • paid and unpaid sick time
  • rules
  • accrual, use and carryover amounts

(1)

Intentionally left blank —Ed.

(a)

Employers that employ at least 10 employees working anywhere in this state shall implement a sick time policy that allows an employee to accrue at least one hour of paid sick time for every 30 hours the employee works or 1-1/3 hours for every 40 hours the employee works. Employers may limit the number of hours of paid sick time that employees may accrue to 40 hours per year.

(b)

Employers that employ fewer than 10 employees working anywhere in this state shall implement a sick time policy that allows an employee to accrue at least one hour of unpaid sick time for every 30 hours the employee works or 1-1/3 hours for every 40 hours the employee works. Employers may limit the number of hours of unpaid sick time that employees may accrue to 40 hours per year.

(c)

Employers that employ at least 10 employees working anywhere in this state and front-load for employees at least 40 hours of paid sick time or paid time off at the beginning of each year used to calculate the accrual and usage of sick time or time off need not comply with subsections (1)(a) and (3) of this section.

(d)

Employers that employ fewer than 10 employees working anywhere in this state and front-load for employees at least 40 hours of unpaid sick time or unpaid time off at the beginning of each year used to calculate the accrual and usage of sick time or time off need not comply with subsections (1)(b) and (3) of this section.

(2)

Intentionally left blank —Ed.

(a)

The number of employees employed by an employer shall be ascertained by determining that the per-day average number of employees is 10 or greater for each of 20 workweeks in the calendar year or the fiscal year of the employer immediately preceding the year in which the leave is to be taken.

(b)

If the business of the employer was not in existence for the entire year preceding the determination made under paragraph (a) of this subsection, the number of employees shall be based on any 20 workweeks preceding the request for sick time, which may include workweeks in the current year, the preceding year or a combination of workweeks in the current year and the preceding year.

(c)

As used in this subsection, “employee” does not include an individual or the parent, spouse or child of an individual who is:

(A)

A director of a corporation who has a substantial ownership interest in the corporation;

(B)

A member of a limited liability company who has:
(i)
A right to vote on or consent to any matter submitted to a vote or requiring the consent of the members of the limited liability company; and
(ii)
A substantial ownership interest in the limited liability company;

(C)

A partner of a limited liability partnership who has a substantial ownership interest in the limited liability partnership; or

(D)

A sole proprietor of a business.

(d)

As used in paragraph (c) of this subsection, “substantial ownership interest” means a percentage of ownership equal to or greater than the average percentage of ownership of all owners, but not less than 15 percent.

(3)

An employee shall begin to earn and accrue sick time on the first day of employment with an employer. The employee may carry over up to 40 hours of unused sick time from one year to a subsequent year. However, an employer:

(a)

May adopt a policy that limits an employee to accruing no more than 80 total hours of sick time; and

(b)

May adopt a policy that limits an employee to using no more than 40 hours of sick time in a year.

(4)

Intentionally left blank —Ed.

(a)

An employer is not required to carry over unused sick time if, by mutual consent, the employer and an employee agree that:

(A)

If the employer has 10 or more employees working anywhere in this state, the employee will be paid for all unused paid sick time at the end of the year in which the sick time is accrued and the employer will credit the employee with an amount of paid sick time that meets the requirements of this section on the first day of the immediately subsequent year; or

(B)

If the employer has fewer than 10 employees working anywhere in this state, the employer will credit the employee with an amount of sick time that meets the requirements of this section on the first day of the immediately subsequent year.

(b)

The Commissioner of the Bureau of Labor and Industries shall adopt rules for the determination of the number of employees employed by an employer.

(5)

Intentionally left blank —Ed.

(a)

An employee is eligible to use sick time beginning on the 91st calendar day of employment with the employer and may use sick time as it is accrued.

(b)

An employer may authorize an employee to use accrued sick time prior to the 91st calendar day of employment.

(c)

Intentionally left blank —Ed.

(A)

An employer that employs 10 or more employees working anywhere in this state shall pay an employee for accrued sick time used at the regular rate of pay of the employee.

(B)

For an employee who is paid on a commission or piece-rate basis by an employer that employs 10 or more employees working anywhere in this state, the employer shall pay the employee for accrued sick time used at a rate equal to at least the minimum wage specified in ORS 653.025 (Minimum wage rate).

(C)

For an employee who is paid an hourly, weekly or monthly wage and is also paid on a piece-rate or commission basis by an employer that employs 10 or more employees working anywhere in this state, the employer shall pay the employee for accrued sick time used at a rate equivalent to the employee’s hourly, weekly or monthly wage or equal to the minimum wage specified in ORS 653.025 (Minimum wage rate), whichever is greater.

(6)

An employee who is exempt from overtime requirements under 29 U.S.C. 213(a)(1) of the federal Fair Labor Standards Act of 1938 is presumed to work 40 hours in each workweek for the purpose of accrual of sick time unless the actual workweek of the employee is less than 40 hours, in which case sick time accrues based on the actual workweek of the employee.

(7)

Nothing in ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption) requires an employer to compensate an employee for accrued unused sick time upon the employee’s termination, resignation, retirement or other separation from employment.

(8)

An employer may not require an employee to:

(a)

Search for or find a replacement worker as a condition of the employee’s use of accrued sick time; or

(b)

Work an alternate shift to make up for the use of sick time.

(9)

Upon mutual consent by the employee and the employer, an employee may work additional hours or shifts to compensate for hours or shifts during which the employee was absent from work without using accrued sick time for the hours or shifts missed. However, the employer may not require the employee to work additional hours or shifts authorized by this subsection. If the employee works additional hours or shifts, the employer must comply with any applicable federal, state or local laws regarding overtime pay.

(10)

An employee retains accrued sick time if the employer sells, transfers or otherwise assigns the business or an interest in the business to another employer.

(11)

Intentionally left blank —Ed.

(a)

An employer shall restore previously accrued unused sick time to an employee who is reemployed by that employer within 180 days of separation from employment with the employer.

(b)

If an employee leaves employment with an employer before the 91st day of employment and subsequently is reemployed by that employer within 180 days of separation from employment, the employer shall restore the accrued sick time balance the employee had when the employee left the employment of the employer and the employee may use accrued sick time after the combined total of days of employment with the employer exceeds 90 calendar days.

(12)

If an employee is transferred to a separate division, entity or location of the employer but remains employed by that same employer, the employee is entitled to use all sick time accrued while working at the former division, entity or location of the employer and is entitled to retain or use all sick time as provided by ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption).

(13)

Employers located in a city with a population exceeding 500,000 shall comply with ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption), except that:

(a)

If an employer located in a city with a population exceeding 500,000 employs at least six employees working anywhere in this state, the employer shall implement a policy consistent with this section as it applies to employers with at least 10 employees working anywhere in this state.

(b)

If an employer located in a city with a population exceeding 500,000 employs fewer than six employees working anywhere in this state, the employer shall implement a policy consistent with this section as it applies to employers with fewer than 10 employees working anywhere in this state. [2015 c.537 §3; 2017 c.520 §2]

Source: Section 653.606 — Employee count; paid and unpaid sick time; rules; accrual, use and carryover amounts, https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html.

653.010
Definitions for ORS 653.010 to 653.261
653.015
Statement of policy
653.017
Local minimum wage requirements
653.020
Excluded employees
653.022
“Piece-rate-work-day” defined for ORS 653.020
653.025
Minimum wage rate
653.026
“Nonurban county” defined for ORS 653.025
653.027
Wage rate for persons under 18 years of age in agriculture
653.030
Commissioner may prescribe lower rates in certain cases
653.033
Schedule to increase certain subminimum wage rates for individuals with disabilities
653.035
Deducting value of lodging, meals and other benefits furnished by employer
653.040
Powers of commissioner
653.045
Records to be kept by employers
653.050
Employers to post summary of law and rules
653.055
Liability of noncomplying employer
653.060
Discharging or discriminating against employee prohibited
653.065
Application of Administrative Procedures Act
653.070
Student-learners special wage
653.075
Legislative findings on breast-feeding
653.077
Expressing milk in workplace
653.079
Advisory committee on expressing milk in workplace
653.256
Civil penalty for general employment statute or rule violations
653.261
Minimum employment conditions
653.263
Overtime for persons employed by seafood processors
653.265
Overtime for persons employed in canneries, driers and packing plants
653.268
Overtime for labor directly employed by public employers
653.269
Exceptions to ORS 653.268
653.280
Employer to safeguard employee’s trade equipment
653.285
Liability of employer
653.295
Noncompetition agreements
653.300
Health benefit plan options for certain employees
653.305
Bureau’s inquiry into employment of minors
653.307
Annual employment certificates
653.310
Employment certificates on file
653.315
Working hours for children under 16 years of age
653.320
Employment of children under 14 years
653.326
Employment of professionally trained minors allowed with permit
653.330
Employment of minors in certain logging operations prohibited
653.335
Employment of minors as elevator operators prohibited
653.340
Employment of minors for message and delivery service
653.345
Legislative findings
653.350
Employment of children under 12 years for certain agricultural labor
653.355
Exemption of certain employers
653.360
Employment of minors in certain boating, fishing and agricultural situations
653.362
Exemption of minors serving as soccer referees
653.365
Civil penalty exemption for unlawful employment of minors by parents or persons standing in place of parents
653.370
Civil penalty for unlawful employment of minors
653.400
Rules
653.403
Visitation rights of bureau
653.412
Definitions
653.422
Covered employees
653.428
Good faith estimate of work schedule
653.432
Voluntary standby list
653.436
Advance notice of work schedule
653.442
Right to rest between work shifts
653.450
Employee right to input into work schedule
653.455
Compensation for work schedule changes
653.460
Notice and posting requirements
653.465
Record retention requirements
653.470
Retaliation prohibited
653.480
Enforcement
653.485
Legislative intent
653.490
Local work schedule requirements
653.547
Definitions
653.549
Rules
653.551
Unlawful employment discrimination
653.553
Short title
653.560
Authority of Bureau of Labor and Industries
653.565
Investigating compliance with rules
653.601
Definitions for ORS 653.601 to 653.661
653.606
Employee count
653.611
Substantially equivalent policies
653.616
Allowable uses of sick time
653.621
Minimum use increments
653.626
Medical verification
653.631
Accrual amount records
653.636
Minimum requirements
653.641
Unlawful practices
653.646
Multiemployer exception
653.651
Enforcement
653.656
Rules
653.661
Preemption
653.991
Penalties
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