When the Oregon Sick Leave Law was unveiled there were several parts of the law that were unclear. The short timeline between passage of the law and the effective date meant the Oregon Bureau of Labor and Industries (BOLI) had to rush out Oregon Administrative Rules (OARs). Unfortunately, the OARs did not address all of the uncertain parts of the law. Senate Bill 299 was passed to try to help clarify some items of concern. […]
Dear HR: My current employee has asked about taking time off to have a surgery. They anticipate being off for a couple of months during recovery and are hoping to be able to continue employment after they return from their previously planned two week cruise at the end of the summer. Would this time off be something that falls under the Oregon Family Leave Act (OFLA) or the federal Family and Medical Leave Act (FMLA)? […]
Dear HR: An employee wants to use a paid sick day for our previous pay period that has already been paid. They forgot to turn in their request in time to get it on their last paycheck. Are we required to pay sick time after a pay period as passed? Can I say no since they didn’t turn their request form in to their manager in the proper time frame? HR Answer: You should […]
Dear HR, This new sick time law is still so confusing! My company offers 40 hours of PTO to our employees every year on January 1st. PTO can be used for vacation days, personal time, or any qualifying sick time reason. One of my employees used his 40 hours of PTO in February to go on vacation. Now they want to use 8 hours of sick time for an absence last Monday when he was home […]
Dear HR: My employee wants to take two months off work because he and his girlfriend are having a baby. Do I have to let him have the entire two months off? They aren’t married and his girlfriend doesn’t work, so she will be home with the baby. If yes, will I have to pay him for the time he takes off? HR Answer: Oregon Family Leave Act (OFLA) and Family and Medical Leave […]
Dear HR: Do snows days qualify as sick days? HR Answer: Snow days are not a legally accepted reason in which sick time may be used under the Oregon Sick Leave Law. If a business is closed due to weather, or if an employee is unable to get to work due to inclement weather–these absences are typically unpaid. Employees are only required to be paid for hours actually worked–even on days when they come in […]
Common issues effecting employers Suspected Sick Leave Abuse It has been a year since mandatory sick leave began in Oregon. Now that the policy has been implemented and employees are starting to accumulate and use their time – knowing what your options as an employer can help reduce the misuse of sick leave and save you money.
Dear HR: My employee requested a leave of absence due to a serious injury that happened off-the-job. They have two weeks of PTO available and qualify for 12 weeks of OFLA leave. They are asking to take off a total of 14 consecutive weeks: 2 weeks paid and 12 unpaid. Do I have to honor the request? HR Answer: Employers may decide if PTO must be taken concurrently with OFLA. In this instance, you may […]
Dear HR, My employee has used all of their family leave and sick time and now he still cannot return to work, can I terminate? HR Answer: Maybe. You should apply your absenteeism and leave policies to determine if you will allow extra time off. Just remember that absences counted as family leave may in no way count against your employee, or be used as grounds for discipline. Other laws, such as injured worker […]
What about employee’s that work for family? ‘Employee’ does not include – an individual employed by that individual’s parent, spouse or child. What if the ‘Employer’ fluctuates between less than 10 and more than 10 throughout the year? They have a minimum look back period of 20 weeks. There are special provisions for new employers who may not have been in business for 20 weeks. Connect them with HR for more clarification. Can […]
