Oregon Bureau of Labor and Industries

Rule Rule 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 (Definitions)(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 (Minimum salary for substitute teachers) 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
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Last accessed
Jun. 8, 2021

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