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Oregon issues final rule on sick leave for public health emergencies


Author: ADP Admin/Tuesday, May 3, 2022/Categories: Compliance Corner , State Compliance Update, Oregon

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.


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.

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Tags: 05/05/22

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