Oregon Bureau of Labor and Industries

Rule Rule 839-007-0020
Permissible Use of Sick Time


Pursuant to ORS 653.616 (Allowable uses of sick time) and these rules an employee may use sick time for any of the following:

(1)

For an employee’s mental or physical illness, injury or health condition; need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or need for preventive medical care.

(2)

For care of a family member with a mental or physical illness, injury or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; or care of a family member who needs preventive medical care.

(3)

For the following purposes specified in ORS 659A.159 (Purposes for which family leave may be taken):

(a)

To care for an infant or newly adopted child under 18 years of age, or for a newly placed foster child under 18 years of age, or for an adopted or foster child older than 18 years of age if the child is incapable of self-care because of a mental or physical disability. Leave under this subsection must be completed within 12 months after birth or placement of the child, and an eligible employee is not entitled to any period of leave under this subsection after the expiration of 12 months after birth or placement of the child.

(b)

To care for a family member with a serious health condition as defined in OAR 839-009-0210 (OFLA: Definitions)(20).

(c)

To recover from or seek treatment for a serious health condition of the employee as defined in OAR 839-009-0210 (OFLA: Definitions)(20) that renders the employee unable to perform at least one of the essential functions of the employee’s regular position.

(d)

To care for a child of the employee who is suffering from an illness, injury or condition that is not a serious health condition as defined in OAR 839-009-0210 (OFLA: Definitions)(20), but that requires home care.

(e)

To deal with the death of a family member within 60 days of the date on which the eligible employee receives notice of the death of a family member by:

(A)

Attending the funeral or alternative to a funeral of the family member;

(B)

Making arrangements necessitated by the death of the family member; or

(C)

Grieving the death of the family member.

(4)

For the following purposes specified in ORS 659A.272 (Employer required to provide leave):

(a)

To seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the employee’s minor child or dependent, including preparing for and participating in protective order proceedings or other civil or criminal legal proceedings related to domestic violence, harassment, sexual assault or stalking.

(b)

To seek medical treatment for or to recover from injuries caused by domestic violence or sexual assault to or harassment or stalking of the eligible employee or the employee’s minor child or dependent.

(c)

To obtain, or to assist a minor child or dependent in obtaining, counseling from a licensed mental health professional related to an experience of domestic violence, harassment, sexual assault or stalking.

(d)

To obtain services from a victim services provider for the eligible employee or the employee’s minor child or dependent.

(e)

To relocate, pursuant to OAR 839-009-0345 (Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Purposes for Taking Leave under ORS 659A.270 to 659A.285), or take steps to secure an existing home to ensure the health and safety of the eligible employee or the employee’s minor child or dependent.

(5)

To donate accrued sick time to another employee if the other employee uses the donated sick time for a purpose specified in this rule and the employer has a policy that allows an employee to donate sick time to a coworker for a purpose specified in this rule.

(6)

In the event of a public health emergency, including, but not limited to:

(a)

Closure of the employee’s place of business, or the school or place of care of the employee’s child, by order of a public official due to a public health emergency;

(b)

A determination by a lawful public health authority or by a health care provider that the presence of the employee or the family member of the employee in the community would jeopardize the health of others, such that the employee must provide self-care or care for the family member; or

(c)

The exclusion of the employee from the workplace under any law or rule that requires the employer to exclude the employee from the workplace for health reasons.

(7)

Sick time provided pursuant to the Oregon Family Leave Act in ORS 659A.159 (Purposes for which family leave may be taken) or ORS Domestic Violence Leave in 659A.272 (Employer required to provide leave) runs concurrently with sick time provided pursuant to ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption).
Source

Last accessed
Jun. 8, 2021