Oregon Sick Time, School Closures, And Quarantined Employees
Tips to adjusting and applying your time-off policies
Posted on 03-31-2020, Read Time: Min
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With the Governor closing all Oregon schools through the end of March, we are reminding employers that Oregon’s sick time law has special provisions that cover these situations.
Oregon’s sick time law requires all employers to allow employees to earn and use up to 40 hours of protected sick time each year. An employee may not be disciplined or terminated for using protected sick time.
The law specifically covers absences for the following situations during a public health emergency:
- Closure of the employee’s place of business, or the school or place of care of the employee’s child, by order of a public official due to a public health emergency;
- A determination by a lawful public health authority or a health care provider that the presence of the employee or the family member of the employee in the community would jeopardize the health of others; or
- The exclusion of the employee from the workplace under any law or rule that requires the employer to exclude the employee from the workplace for health reasons.
This means that employees needing to stay home with a child due to the Governor’s order to close schools are entitled to use their accrued and unused Oregon sick time even if the child or the employee is not sick. It also means that if a health care provider instructs an employee or the employee’s family member to self-quarantine, the employee is entitled to use Oregon sick time to cover those absences even if the employee or family member is not sick.
Remember that employees are entitled to use sick time for the usual reasons as well, including for their own illness or health condition as well as to care for a family member with an illness or health condition. This includes time-off to obtain a medical diagnosis, treatment, or preventative medical care.
For employees requesting time-off due to the Governor’s decision to close schools or due to a health care provider’s instruction to self-quarantine, you should allow employees to use accrued sick time and you should not count these absences as attendance violations. Consult legal counsel for specific questions about adjusting and applying your time-off policies in these situations and to determine whether OFLA or FMLA may also apply to particular absences.
Author Bio
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Amy Angel is a Partner at Barran Liebman LLP, representing public and private employers in all stages of employment litigation, including advice and compliance, administrative complaints, and trial as well as appeal. Amy works with employers of all sizes, from small local companies to national companies with operations in Oregon and in a wide-variety of industries, including construction, retail, manufacturing, agriculture, law, and health care, just to name a few. Visit www.barran.com Connect Amy Angel |
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Sean Ray is a Partner at Barran Liebman, representing management in complex employment matters and high stakes litigation. He defends employers against discrimination complaints, sexual harassment lawsuits, and retaliation claims, wage and hour claims, and represents employers in state and district court, as well as before Oregon’s Bureau of Labor and Industries (BOLI) and the Washington State Human Rights Commission. Visit www.barran.com Connect Sean Ray |
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