Current through Register Vol. 63, No. 9, September 1, 2024
As used in ORS
653.601 to
653.661 and these rules:
(1) "Affinity" has the meaning given that
term in OAR 839-009-0210.
(2) "City with a population exceeding
500,000" means a city with a population exceeding 500,000 located within the
state of Oregon.
(3) "Family
member" means an individual who is related by affinity to the employee or an
individual who is the employee's:
(a) Spouse
or domestic partner;
(b) Child or
the child's spouse or domestic partner;
(c) Parent or the parent's spouse or domestic
partner;
(d) Sibling or stepsibling
or the sibling's or stepsibling's spouse or domestic partner;
(e) Grandparent or the grandparent's spouse
or domestic partner; or
(f)
Grandchild or the grandchild's spouse or domestic partner.
(4) "Health care provider" has the meaning
given that term in ORS
659A.150.
(5) "Hours worked" means all hours for which
an employee is employed by and required to give to the employer and includes
all time during which an employee is necessarily required to be on the
employer's premises, on duty or at a prescribed work place and all time the
employee is suffered or permitted to work. "Hours worked" includes "work time"
as defined in ORS 653.010 as well as overtime
hours worked.
(6) "Parent" means:
(a) An employee's biological parent, adoptive
parent, stepparent or current or former foster parent or a person who was or is
the employee's legal guardian or with whom the employee was or is in a
relationship of in loco parentis; or
(b) The parent of the employee's spouse or
domestic partner who meets a description in subsection (a) of this
section.
(7) "Regular
rate of pay" means the regular hourly rate that an employee earns for the
workweek in which the employee uses paid sick time and which is no less than
the applicable statutory minimum wage rate. An employer must apply a consistent
methodology when calculating the regular rates of pay to similarly situated
employees. An employee's regular rate of pay shall be determined as follows:
(a) For employees paid on the basis of a
single hourly rate, the regular rate of pay means the same hourly rate the
employee would have earned for the period of time in which sick time is
used.
(b) For employees who are
paid multiple hourly rates of pay, the regular rate of pay means either:
(A) The wages the employee would have been
paid, if known, for the period of time in which sick time is used; or
(B) The weighted average of all regular rates
of pay during the previous pay period.
(c) For employees paid a salary, the regular
rate of pay means the employee's total wages earned during the pay period
covered by the salary divided by the number of hours agreed to be worked in the
pay period which the salary is intended to compensate. For example, if an
employee is paid a weekly salary of $525 and it is understood that the salary
is compensation for a regular work week of 35 hours, the employee's regular
rate of pay is $15 per hour ($525 divided by 35 hours). For an employee paid a
salary whose hours of work vary from work week to work week, for the purpose of
calculating the regular rate of pay to be used for the payment of sick time,
the employee is presumed to work 40 hours in each workweek.
(d) For employees paid on a commission or
piece-rate basis only, the regular rate of pay means a rate of no less than the
applicable statutory minimum wage.
(e) For employees paid an hourly, weekly or
monthly wage and also paid on a piece-rate or commission basis, the regular
rate of pay means the rate of pay equivalent to the employee's hourly, weekly
or monthly wage or the applicable statutory minimum wage, whichever is
greater.
(f) The regular rate of
pay does not include:
(A) Overtime, holiday
pay, or other premium rates. However, where an employee's regular rate of pay
includes a differential meant to compensate the employee for work performed
under differing conditions (for example, a shift differential for working at
night), such a differential rate is not considered to be a premium;
(B) Bonuses or other types of incentive pay;
and
(C) Tips.
(8) "Spouse" includes:
(a) Individuals in a marriage recognized
under state law in the state in which the marriage was entered into;
(b) Individuals in a marriage validly
performed in a foreign jurisdiction;
(c) Individuals in a common law marriage that
was entered into in a state that recognizes such marriages; and
(d) Individuals who have lawfully established
a civil union, domestic partnership or similar relationship under the laws of
any state. Individuals described in this subsection are not required to obtain
a marriage license, establish a record of marriage or solemnize their
relationship.
(9) "Undue
hardship" means significant difficulty for an employer's business and includes
consideration of the impracticability of permitting sick time to be taken in
hourly increments. Factors to consider in determining whether the use of sick
time in hourly increments imposes an undue hardship on the employer include,
but are not limited to:
(a) The number of
persons employed or working at the particular worksite and their qualifications
or ability to timely relieve the employee using sick time, given the employer's
operations; the total number of persons employed by the employer; the number,
type and geographic separateness of the employer's worksites; and
(b) The effect of providing sick time in
hourly increments on worksite operations involving: the startup or shutdown of
machinery in continuous-operation industrial processes; intermittent and
unpredictable workflow not in the control of the employer or employee; the
perishable nature of materials used on the job; the perishable or live nature
of products being harvested or processed; the time-sensitive or high-volume
nature of the employer's operations, if such operations have a direct impact on
the public; and the safety and health of other employees, patients, clients or
the public.
Statutory/Other Authority: ORS
653.601-653.661 & ORS
651.060
Statutes/Other Implemented: ORS
653.601-653.661
