Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS
Section 839-020-0052 - Leave for Domestic Workers
Universal Citation: OR Admin Rules 839-020-0052
Current through Register Vol. 63, No. 9, September 1, 2024
(1)
(a) An employer who employs a domestic worker
shall provide the domestic worker with a rest period of at least 24 consecutive
hours in each work week.
(b) A
domestic worker may agree to work on the designated day of rest, if all of the
following conditions are met:
(A) The
domestic worker's agreement is given voluntarily; and,
(B) The agreement is in writing, in a
language easily understood by the domestic worker; is made prior to the
performance of services on the designated day of rest and specifies the
particular day of rest on which the domestic worker agrees to work; and is
signed or acknowledged by the domestic worker and the employer.
(c) When a domestic
worker works on a designated day of rest, the employer shall pay all hours
worked at one and one-half times the employee's base rate regardless of the
total number of hours worked in that work week.
(2)
(a) An
employer who employs a domestic worker shall provide the domestic worker not
less than three paid personal days off each year if the domestic worker worked
an average of at least 30 hours per work week during the previous year. For
purposes of this subsection, a year includes any consecutive 12-month period,
such as a calendar year, a tax year, a fiscal year, a contract year or the
12-month period beginning on the anniversary of the date of employment of the
domestic worker.
(b) Paid personal
days off shall be compensated at the domestic worker's base rate and for the
average number of hours that the domestic worker works during a typical
workday. For example, if a domestic worker typically works 30 hours per week
during a five-day work week, the domestic worker must be paid for six hours at
the base rate of pay for each personal day off.
(c) Any accrued but unused personal days off
shall be paid upon termination in accordance with the requirements for final
wages in ORS 652.140.
(3) An employer who employs a domestic worker shall allow the employee to accrue up to 40 hours of sick time as authorized by OL Ch. 537, 2015 and OAR chapter 839, division 7.
Stat. Auth.: OL Ch. 457, 2015
Stats. Implemented: OL Ch. 457, 2015
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