Oregon Sick Leave: What Your Employer Can Ask

Oregon's sick leave laws allow employees to take time off when they are unwell. This generally means that they have worked for more than three months, have accrued sick time, and have a valid reason for taking sick leave. While employers in Oregon can ask employees why they are taking sick leave, they are limited to what information they can ask for. This includes whether the employee is unable to work and when they plan to return, rather than the specifics of their medical condition.

Employers can ask for a doctor's note after three days of absence or if they suspect abuse

In Oregon, employers can require medical verification if an employee is out sick for more than three consecutive days or if they suspect sick leave policy abuse. While Oregon's sick leave laws do not require employers to pay for unused time at the end of the year or when an employee leaves the company, they do require employers to provide up to 40 hours of sick time per year, which employees earn at a rate of one hour for every 30 hours worked. Employees can take this sick time in as small as one-hour increments, for things like doctor's appointments. This time must be paid if the employer has more than five employees; very small businesses are not required to pay but must allow employees to take the time off without being penalized.

Oregon's sick leave laws also protect employees' jobs if they need to use their sick time. Employers can be held liable for interfering, restraining, or failing to pay their employees the sick time allowed by law. The laws forbid retaliation or discrimination against employees who inquire about, request, or take sick time. Employees can sue for wrongful termination, discrimination, and retaliation if the employer's actions are caused by the employee's use or discussion of sick leave laws. For instance, if an employee asks for paid sick time and is fired, the employer likely owes wages and other damages caused by the discrimination.

While employers can ask for a doctor's note after three days of absence or if they suspect abuse, they cannot ask about the nature of the illness as this can lead to a discrimination claim from the employee. A doctor's note should include the date of examination and the period the employee is to be off work due to illness, without violating patient confidentiality. Employers can request a doctor's note to verify a disability and the need for accommodations, but they must apply the policy equally to all employees.

Employees' medical conditions are protected under privacy laws, and detailed medical information cannot be demanded by employers. If an employee is returning from a health-related absence and the employer has a reasonable belief that the employee presents a direct threat to the health or safety of other individuals at work, employers should seek legal advice regarding how to proceed.

Employees are protected from discrimination, retaliation, or termination for taking sick leave

In the state of Oregon, employees are entitled to take sick leave when they qualify. This generally means that they have worked for more than three months, have accrued sick time, and have a valid reason to take sick leave. Employees are protected from discrimination, retaliation, or termination for taking sick leave. Oregon's sick leave laws forbid employers from discriminating against employees because they took sick leave, were paid wages for sick leave, or inquired about sick leave. Employers can be held liable for interfering, restraining, or failing to pay their employees the sick time allowed by law. This includes wrongful termination, discrimination, and retaliation. For instance, if an employee requests paid sick time and is fired, the employer likely owes wages and other damages caused by the discrimination.

Oregon's sick leave laws also protect employees who need to use their sick time. If an employee is using their accrued sick time and doesn't want to trade shifts, it is not their responsibility to find a replacement worker or work extra shifts to make up for the time taken off. Additionally, employers cannot change an employee's schedule to avoid paying sick time. If an employee has accrued sick time available and calls in sick, the employer must allow the time off and pay the employee's sick time wages.

Employers in Oregon are also required to provide reasonable accommodations to employees with limitations related to pregnancy or childbirth. This includes the acquisition of equipment, more frequent or longer rest breaks, assistance with manual labor, and modifications to work schedules. Nursing mothers are also entitled to lactation breaks throughout the workday. It is unlawful to discriminate against employees who have taken approved leaves, such as those under the Family and Medical Leave Act, the Oregon Family Leave Act, or leave for military obligations.

While Oregon law protects employees from discrimination, retaliation, or termination for taking sick leave, there are some exceptions. Employers can require a doctor's note after an employee has been absent for three consecutive days or if they suspect the employee is abusing the policy. Employers must pay for any costs associated with obtaining the doctor's note, including lost wages. Additionally, very small employers with five or fewer employees are not required to pay employees for their sick time, but the time is still job-protected, meaning employees cannot be penalized for using it.

Sick leave can be taken for reasons related to domestic violence, sexual assault, or stalking

In the state of Oregon, employees are protected by law when they need to use their sick time. Employers can be held liable for interfering, restraining, or failing to pay their employees for their sick time. Oregon's sick leave laws also forbid any type of retaliation or discrimination against employees who inquire about, request, or take sick time.

Certification can be provided in the form of documentation from an attorney, law enforcement officer, healthcare professional, licensed mental health professional, member of the clergy, or victim services provider. This documentation must verify that the employee or their family member is a victim of domestic violence, sexual assault, or stalking, and that the leave is necessary.

Employees who are victims of these crimes may request a reasonable safety accommodation in the workplace, such as a transfer, reassignment, modified work schedule, changed contact information, or an installed lock. Employers must provide these accommodations unless they impose an undue hardship on the City's operations.

During the leave, the City will maintain any health insurance coverage provided to the employee as if they had not taken the leave. Employees may also apply for paid leave benefits or choose to use any available paid leave options.

Employers with six or more employees must pay for sick leave; fewer than six, unpaid

In the state of Oregon, employers with six or more employees must provide paid sick leave. If an employer has fewer than six employees, they are not required to pay for sick leave, but they must allow employees to take sick time without being penalised. This is known as job-protected sick time.

Oregon's paid sick leave law provides protection to employees when they are sick. This means that if an employer refuses an employee's sick time request, they are likely interfering with the employee's rights under the state's sick time laws. Employees can sue for wrongful termination, discrimination, and retaliation if the employer's actions are caused by the employee's use or discussion of sick leave laws. For instance, if an employee asks for paid sick time and is fired, the employer likely owes wages and other damages caused by the discrimination.

Since January 1, 2014, employers in Oregon have been required to provide up to 40 hours of sick time per year, which employees earn at the rate of one hour for every 30 hours worked. This is also known as the "up-front" policy, where the full amount of sick leave for the year is available immediately. However, employers can choose to "front load" an employee's time at the beginning of the year. If an employee is using their accrued sick time and doesn't want to trade shifts, it is not their responsibility to find a replacement worker or work any extra shifts.

Oregon's sick leave laws allow employers to ask for a doctor's note if they have reason to believe the employee is not sick, or if the employee has been on sick leave for three or more consecutive days. Employers can require medical verification after three days of sick leave, and they must pay for any costs associated with getting the note, including lost wages.

Employees earn one hour of sick time for every 30 hours worked, up to 40 hours per year

In Oregon, employees are entitled to take sick leave when they qualify. This means that they have accrued sick time, have worked for more than three months, and have a valid reason to take sick time. Since January 1, 2014, Oregon employers have been required to provide up to 40 hours of sick time per year, which employees earn at a rate of one hour for every 30 hours worked. This rate is commonly known as the 1:30 schedule.

The availability of paid sick leave depends on the employer's location and the number of employees. Employers located in Portland with fewer than six employees but with locations outside Portland bringing the total number of employees to six or more are required to pay employees for their accrued sick time. Employers with five or fewer employees are not mandated to pay employees for using their accrued sick time, but employees cannot be penalized for taking it.

Oregon's sick leave laws also protect employees from retaliation or discrimination for inquiring about, requesting, or taking sick time. Employers can be held liable for interfering, restraining, or failing to pay employees the sick time allowed by law. Employees can sue for wrongful termination, discrimination, and retaliation if they are fired or face adverse consequences due to their use or discussion of sick leave laws.

Additionally, employers can require a doctor's note after an employee has been absent for three consecutive days or if they suspect sick leave policy abuse. Employers must pay for any costs associated with obtaining the doctor's note, including lost wages. While employers cannot change an employee's schedule to avoid paying sick time, they may allow employees to trade shifts with co-workers if both parties agree.

Frequently asked questions