Or. Admin. R. 839-007-0015 - Calculating the Number of Employees Employed
(1) As used in ORS 653.606(2) and this rule,
"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:
(A) 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
(B) 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.
(2) As used in ORS 653.606(2) and section (1)
of this rule, "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
employer shall count all employees who perform work for the employer in the
state of Oregon for the purpose of determining the number of employees the
employer employs, including full-time employees, part-time employees, and
temporary employees.
(4) Employees
jointly employed by two employers pursuant to OAR 839-007-0005 must be counted
by both employers when determining the number of employees that each employer
employs.
(5) The number of
employees employed by an employer shall be calculated based on the average
number of employees employed by the employer per day during each of at least 20
workweeks in the calendar or fiscal year in which an employee's sick time is to
be taken, or in the year immediately preceding the year in which an employee's
sick time is to be taken.
(6) The
requirement to provide paid sick time shall apply to any employer employing an
average of 10 or more employees per day in Oregon or an average of at least six
employees per day in Oregon if the employer maintains a location in a city in
Oregon with a population exceeding 500,000 during each of at least 20 workweeks
in the calendar or fiscal year immediately preceding the year in which an
employee's sick time is to be taken. For example, if during 20 or more
workweeks in a calendar or fiscal year, an employer employed an average of 10
employees per day or an average of at least six employees per day if the
employer maintains a location in a city in Oregon with a population exceeding
500,000 the employer will be required to provide paid sick time in the
following year.
(7) An employer
that has been in business for less than 20 weeks shall comply with the
provisions of OAR 839-007-0032.
(8) Employees jointly employed by two
employers must be counted by both employers, whether or not they are maintained
on one of the employers' payroll, when determining employer coverage and
employee eligibility.
(a) An employee on
leave who is working for a secondary employer is considered employed by the
secondary employer and must be counted for coverage and eligibility purposes,
as long as the employer has a reasonable expectation that the employee will
return to employment with that employer.
(b) In those cases in which a Professional
Employer Organization (PEO) is determined to be a joint employer of a client
employer's employees, the client employer is only required to count employees
of the PEO (or employees of other clients of the PEO) if the client employer
jointly employs those employees.
Notes
Statutory/Other Authority: ORS 653.601-653.661 & ORS 651
Statutes/Other Implemented: ORS 653.601-653.661 & OL Ch. 520 (2017)
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