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www.ORtrucking.orgIssue 1, 2016
differentials, or overtime. For drivers
that are not paid on an hourly or
salary basis, but rather are paid by
the mile, employers may pay them a
previously established regular rate of
pay, but that rate of pay must be equal
to at least the minimum wage.
Nothing in Oregon’s Sick Leave Law
requires an employer to compensate
an employee for accrued unused sick
time upon the employee’s termination,
resignation, retirement or other
separation from employment.
Each employer must provide written
notice to each employee explaining
Oregon’s Sick Leave Law. BOLI has
prepared the required written notice
to be provided to employees, which
can be found at:
www.oregon.gov/boli/
WHD/OST/Documents/Sick-Time-
Poster.pdf
Each employer must also have a
written sick leave policy. The policy
must adhere to the Oregon Sick Leave
Law and, in this regard, the employer
has the following options that must be
decided upon:
1. Whether to use the accrual
method or “front-load” method for
granting sick time.
2. Employees can carry over up to 40
hours of sick time from one year
to the next; however, employer
may limit carryover hours to 80 or
limit an employee from using no
more than 40 hours of sick time in
a year.
3. Deciding how to mesh the
employer’s other paid time off
policies (i.e. vacation and other
personal time off) with the Sick
Leave Law. Meshing these policies
must result in a policy that is at
least substantially equivalent to the
Sick Leave Law requirements.
RULES & REGULATIONS
4. Whether an employee is
authorized to use accrued sick
time prior to the 91st calendar day
of employment.
5. Whether the employer will allow
the employee to make-up used sick
time by working additional hours
or shifts; however, the employer
may not require this.
The foregoing is a summary of the
major provisions and requirements
Oregon’s Sick Leave Law. There are
other sections of the statute and
the regulations that deal with other
specific issues such as determining
hours worked, calculating the
regular rate of pay, calculating the
number of employees, dealing with
jointly employed employees, details
on how to provide front-loaded sick
time, determining hours worked
when recording hours worked is not
required, dealing with employees
with both unpaid and paid sick
time, application of the law to new
businesses, calculating sick time
for shifts of indeterminate length or
on-call shifts, verification procedures,
and determining whether an employee
subject to a collective bargaining
agreement is exempt.
Many businesses will be caught
unaware of their obligations under
Oregon’s Sick Leave Law.
Please take some time to evaluate
how the new law will apply to your
company and protect your business by
implementing policies and procedures
to ensure compliance with the law.
Be sure your business is not caught unaware of your obligations under Oregon’s Sick Leave Law.