Oregon Bureau of Labor and Industries

Rule Rule 839-007-0032
Application of Sick Time Provisions to New Businesses

(1)

An employer that has been in business for less than 20 workweeks shall allow employees to accrue sick leave pursuant to the provisions of ORS 653.606 (Employee count)(3).

(2)

An employer that has been in business for less than 20 weeks shall calculate the number of employees employed pursuant to OAR 839-007-0015 (Calculating the Number of Employees Employed)(1) after the employer has employed one or more employees for 90 calendar days.

(3)

If, after employing one or more employees for 90 calendar days, the employer employs 10 or more employees in Oregon, or if the employer is located in a city with a population exceeding 500,000 and employs at least six employees in Oregon, the employer shall pay for sick time accrued and used by an employee, unless the employer has a good-faith belief that the employer will not employ an average of 10 or more employees in Oregon for each workday for at least 20 workweeks, 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, in which case the employer is not required to pay for sick time accrued and used.

(4)

After 20 workweeks of operation, the employer shall calculate the number of employees employed pursuant to ORS 653.606 (Employee count)(2) and OAR 839-007-0015 (Calculating the Number of Employees Employed).

(5)

If the employer has employed an average of 10 or more employees in Oregon for each workday during the 20 workweeks of operation, or if the employer has employed 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, for each workday during the 20 workweeks of operation, employees are required to be paid for sick leave accrued and taken thereafter unless the employer ceases to employ an average of 10 or more employees in Oregon, or if the employer maintains a location in a city in Oregon with a population exceeding 500,000 ceases to employ an average of at least six employees per day in Oregon for each workday for 20 workweeks in any year preceding the use of accrued sick leave by any employee.

(6)

If, after 20 workweeks of operation, the employer has employed an average of 10 or more employees in Oregon for each workday during the 20 workweeks of operation, or if the employer employed 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, for each workday during the 20 workweeks of operation, the employer shall pay any employee not paid for sick time accrued and taken during those 20 workweeks pursuant to ORS 653.606 (Employee count).

(7)

An employer may not deduct or otherwise recover any sick time paid to an employee if the employer subsequently is not required to pay for accrued sick time.
Source

Last accessed
Jun. 8, 2021

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