Oregon issues final rule on sick leave for public health emergencies

Oregon has enacted a Final Rule (BLI 3-2022) that permanently allows an employee to use sick time for certain public health emergencies. The Final Rule is effective immediately.

Background:

The Oregon Bureau of Labor and Industries (BOLI) had previously issued an emergency rule, which required employers to let their workers use accrued paid sick time when a public official ordered an emergency evacuation or made the determination that air quality and heat index exposure would jeopardize an employee's health.

The details:

Under the Final Rule, an employer must let their employees use sick leave for the following public health emergencies if a public health official:

• Issues an emergency evacuation order of level 2 (SET) or level 3 (GO), and the affected area of the order includes either the location of the employer's place of business or the employee's home address; or
• Determines that the air quality index or heat index is at a level where a worker's continued exposure to the event would jeopardize the employee's heath.

Note: The use of sick leave for these situations does not apply to first responders.

Next steps:

Oregon employers should review their policies, procedures and supervisor trainings to ensure compliance with the Final Rule.