Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0032 - Application of Sick Time Provisions to New Businesses

Current through Register Vol. 63, No. 7, July 1, 2024
(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(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(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(2) and
			 OAR 839-007-0015.
(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.
(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.
Statutory/Other Authority: ORS
				  653.601-653.661 & ORS 651
Statutes/Other Implemented: ORS
				  653.601-653.661 & OL Ch. 520
				  (2017)