OAR 839-007-0035
Sick Time for Shifts of Indeterminate Length or On-Call Shifts

(1)

If an employee uses sick time for a shift of indeterminate length (for example, a shift that is defined by business needs rather than a specified number of hours), the employer may determine the amount of sick time used by the employee based on the number of hours worked by a replacement employee in the same shift or a similarly situated employee who works the same shift or who has worked a similar shift in the past.

(2)

On-call employees are entitled to use sick time for hours they have been scheduled to work. Being “scheduled to work” does not include shifts for which an employee has been asked to be available or on-call, unless the employee is working while on-call as defined in OAR 839-020-0041 (Waiting Time)(3). If, by agreement with the employer, an on-call employee is to be paid for a scheduled shift regardless of whether the employee actually works the shift, the employer must provide sick time.

Source: Rule 839-007-0035 — Sick Time for Shifts of Indeterminate Length or On-Call Shifts, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-007-0035.

839‑007‑0000
Definitions 839‑007‑0005
Jointly Employed Employees 839‑007‑0007
Front-loading Sick Time 839‑007‑0010
Determining the Number of Sick Time Hours Accrued for Employees for Whom Recording Hours Worked is not Required 839‑007‑0012
Employees with Both Unpaid and Paid Sick Time 839‑007‑0015
Calculating the Number of Employees Employed 839‑007‑0020
Permissible Use of Sick Time 839‑007‑0025
Increments of Sick Time to Be Taken by Employee 839‑007‑0030
Payment of Sick Time 839‑007‑0032
Application of Sick Time Provisions to New Businesses 839‑007‑0035
Sick Time for Shifts of Indeterminate Length or On-Call Shifts 839‑007‑0040
Employee Notice Policy and Procedures 839‑007‑0045
Verification and Certification for Sick Time Use 839‑007‑0050
Required Employer Notices 839‑007‑0055
Substantial Equivalency 839‑007‑0060
Exemption for Certain Employees Covered by Collective Bargaining Agreements 839‑007‑0065
Unlawful Employment Practice 839‑007‑0100
Civil Penalties 839‑007‑0120
Criteria for Determining a Civil Penalty

Last Updated

Jun. 8, 2021

Rule 839-007-0035’s source at or.us

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Location: https://oregon.public.law/rules/oar_839-007-0035

Original Source: Rule 839-007-0035 — Sick Time for Shifts of Indeterminate Length or On-Call Shifts, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-007-0035 (last accessed Jun. 8, 2021).