Or. Admin. R. 839-007-0025 - Increments of Sick Time to Be Taken by Employee
(1) An employee shall use accrued sick time
in hourly increments, unless the employer permits the employee to use sick time
in increments of less than one hour.
(2) If an employer can demonstrate that to
provide sick leave in hourly increments would pose an undue hardship on the
employer as defined in OAR 839-007-0000(7), the employer may require an
employee to use accrued sick time in increments of more than one hour but no
more than four hours, provided the employer allows the employee to use at least
56 hours of paid sick leave per year.
(3) When an employer does not provide sick
time to employees in hourly increments, and is able to make the required
showing of undue hardship under section (2) of this rule, the employer shall
first provide to each employee a notice provided by the Commissioner of the
Bureau of Labor and Industries in the language used by the employer to
communicate with the employee regarding what increments of sick leave will be
used. The employer shall retain and keep available to the commissioner a copy
of the notice for the duration of the employee's employment and for no less
than six months after the termination date of the employee. Notices that comply
with this subsection are available upon request from the bureau.
(4) If an employer fails to provide the undue
hardship notice required in section (3) to an employee, the employer may not
require the employee to take sick time in increments of more than one
hour.
(5) An employer shall apply a
consistent policy to all similarly situated employees related to increments of
time in which sick time is required to be used.
(6) If an employer requires employees to take
leave in increments of more than one hour and an employee lacks sufficient
accrued sick time to cover the additional time away from work that the employer
is requiring, the employer may not discipline the employee for taking the
additional time or include the additional hours as violations of an absence
control policy.
(7) An employer
required by ORS 342.610 to pay a substitute teacher a salary based on one-half
of the daily minimum salary or, if working for more than one-half day, a full
day's salary, may require the substitute teacher to use accrued sick time in
increments of no more than four hours
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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