OAR 839-020-0052
Leave for Domestic Workers

(1)

Intentionally left blank —Ed.

(a)

An employer who employs a domestic worker shall provide the domestic worker with a rest period of at least 24 consecutive hours in each work week.

(b)

A domestic worker may agree to work on the designated day of rest, if all of the following conditions are met:

(A)

The domestic worker’s agreement is given voluntarily; and,

(B)

The agreement is in writing, in a language easily understood by the domestic worker; is made prior to the performance of services on the designated day of rest and specifies the particular day of rest on which the domestic worker agrees to work; and is signed or acknowledged by the domestic worker and the employer.

(c)

When a domestic worker works on a designated day of rest, the employer shall pay all hours worked at one and one-half times the employee’s base rate regardless of the total number of hours worked in that work week.

(2)

Intentionally left blank —Ed.

(a)

An employer who employs a domestic worker shall provide the domestic worker not less than three paid personal days off each year if the domestic worker worked an average of at least 30 hours per work week during the previous year. For purposes of this subsection, a year includes any consecutive 12-month period, such as a calendar year, a tax year, a fiscal year, a contract year or the 12-month period beginning on the anniversary of the date of employment of the domestic worker.

(b)

Paid personal days off shall be compensated at the domestic worker’s base rate and for the average number of hours that the domestic worker works during a typical workday. For example, if a domestic worker typically works 30 hours per week during a five-day work week, the domestic worker must be paid for six hours at the base rate of pay for each personal day off.

(c)

Any accrued but unused personal days off shall be paid upon termination in accordance with the requirements for final wages in ORS 652.140 (Payment of wages on termination of employment).

(3)

An employer who employs a domestic worker shall allow the employee to accrue up to 40 hours of sick time as authorized by OL Ch. 537, 2015 and OAR chapter 839, division 7.

Source: Rule 839-020-0052 — Leave for Domestic Workers, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-020-0052.

839‑020‑0000
Notice of Proposed Rule 839‑020‑0004
Definitions Generally 839‑020‑0005
Employees Engaged in Administrative, Executive, Professional, or Outside Sales Work, Defining the Terms 839‑020‑0010
Payment of Minimum Wages — Generally 839‑020‑0011
Determination of Applicable Region and Minimum Wage Rate to be Paid for Work Performed by Employees 839‑020‑0012
Wage Statements to Be Provided to Employees 839‑020‑0013
Bonuses Provided to Workers in Agriculture 839‑020‑0015
Fixed Minimum Hourly Wage Rates Lower than the Minimum Wage Rate 839‑020‑0020
Deductions from the Minimum Wage — Generally 839‑020‑0025
Deductions for Meals, Lodging, Facilities or Other Services 839‑020‑0027
Deductions for Garnishment Processing Fee 839‑020‑0030
Payment of Overtime Wages — Generally 839‑020‑0040
Hours Worked — Generally 839‑020‑0041
Waiting Time 839‑020‑0042
Sleeping Time and Certain Other Activities 839‑020‑0043
Preparatory and Concluding Activities 839‑020‑0044
Lectures, Meetings and Training Programs 839‑020‑0045
Travel Time 839‑020‑0046
Adjusting Grievances, Medical Attention, Civic and Charitable Work and Suggestion Systems 839‑020‑0047
Application of OAR 839-020-0040 to 839-020-0047 to Agricultural Employees 839‑020‑0050
Meal and Rest Periods 839‑020‑0051
Rest Periods for Expression of Milk 839‑020‑0052
Leave for Domestic Workers 839‑020‑0060
Weight Lifting 839‑020‑0065
Other Working Conditions 839‑020‑0070
Homework — Generally 839‑020‑0080
General Recordkeeping Requirements 839‑020‑0082
Special Recordkeeping Circumstances 839‑020‑0083
Records Availability 839‑020‑0085
Posting Requirements 839‑020‑0087
Earned Income Tax Credit Notice to Employees 839‑020‑0115
Relationship of State and Federal Law 839‑020‑0125
Overtime Exemptions Pertaining to Employers Regulated Under the Federal Fair Labor Standards Act 839‑020‑0130
Overtime Exemption for Public Employees 839‑020‑0135
Overtime Exemption for Agricultural Employees 839‑020‑0150
Exemptions from Minimum Wage and Overtime 839‑020‑0200
Authority of Labor Commissioner to Define Terms Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities 839‑020‑0210
Exemptions from Overtime Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities — Generally 839‑020‑0220
Definitions for Regulations Pertaining to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities 839‑020‑0230
Limitation on Nonexempt Work 839‑020‑0240
Public Agency Employees Engaged in Both Fire Protection and Law Enforcement Activities 839‑020‑0250
Effect of Training Time 839‑020‑0260
Application of ORS 653.269(3) to Ambulance and Rescue Service Employees 839‑020‑0270
Other Overtime Exemptions May Apply to Public Employees Engaged in Fire Protection and Law Enforcement Activities 839‑020‑0300
Authority of Labor Commissioner to Define Terms Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency 839‑020‑0310
Application of OAR 839-020-0300 to 839-020-0350 839‑020‑0320
Definitions for Exemptions Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency 839‑020‑0330
Exception to Salary or Fee Basis 839‑020‑0350
Computer Professionals 839‑020‑0400
Definitions for Maximum Hours of Work in Canneries, Driers and Packing Plants 839‑020‑0410
Determination of the Day 839‑020‑0415
Failure to Establish a Workweek 839‑020‑0417
Employee’s Written Consent to Work up to 60 Hours in a Workweek 839‑020‑0420
Undue Hardship Notices and Employee’s Written Consent 839‑020‑1000
Violations Separate and Distinct 839‑020‑1010
Violations for Which a Civil Penalty May Be Assessed 839‑020‑1020
Criteria for Determining a Civil Penalty
Last Updated

Jun. 8, 2021

Rule 839-020-0052’s source at or​.us