Oregon Bureau of Labor and Industries

Rule Rule 839-007-0012
Employees with Both Unpaid and Paid Sick Time

When the number of employees employed by an employer fluctuates from year to year, so that the employer’s obligation to provide sick time alternates between paid sick time and unpaid sick time, an employee is entitled to use sick time in the manner that it was earned. For example, if an employer was required to provide paid sick time during the period of time in which an employee accrued such leave, the employee, when using sick time, is entitled to be paid for sick time accrued during this period even if the employer is no longer required to provide paid sick time. Conversely, sick time does not need to be paid when used if, at the time the employee accrued the sick time, the employer was only required to provide unpaid sick time. When an employee has available for use both paid sick time and unpaid sick time, the employee has the option of using either or both to cover the use of sick time.

Last accessed
Jun. 8, 2021