Current through Register Vol. 63, No. 9, September 1, 2024
Pursuant to ORS
653.616 and these rules an
employee may use sick time for any of the following:
(1) For an employee's mental or physical
illness, injury or health condition; need for medical diagnosis, care or
treatment of a mental or physical illness, injury or health condition; or need
for preventive medical care.
(2)
For care of a family member with a mental or physical illness, injury or health
condition; care of a family member who needs medical diagnosis, care, or
treatment of a mental or physical illness, injury or health condition; or care
of a family member who needs preventive medical care.
(3) For the following purposes under ORS
659A.159 to
659A.186:
(a) For bereavement leave, child placement
leave or pregnancy disability leave, as those terms are described in OAR
839-009-0230.
(b) To care for a child of the employee who
is suffering from an illness, injury or condition that requires home care or
who requires home care due to the closure of the child's school or child care
provider as a result of a public health emergency.
(4) For the following purposes specified in
ORS 659A.272:
(a) To seek legal or law enforcement
assistance or remedies to ensure the health and safety of the employee or the
employee's minor child or dependent, including preparing for and participating
in protective order proceedings or other civil or criminal legal proceedings
related to domestic violence, harassment, sexual assault or stalking.
(b) To seek medical treatment for or to
recover from injuries caused by domestic violence or sexual assault to or
harassment or stalking of the eligible employee or the employee's minor child
or dependent.
(c) To obtain, or to
assist a minor child or dependent in obtaining, counseling from a licensed
mental health professional related to an experience of domestic violence,
harassment, sexual assault or stalking.
(d) To obtain services from a victim services
provider for the eligible employee or the employee's minor child or
dependent.
(e) To relocate,
pursuant to OAR 839-009-0345, or take steps to
secure an existing home to ensure the health and safety of the eligible
employee or the employee's minor child or dependent.
(5) To donate accrued sick time to another
employee if the other employee uses the donated sick time for a purpose
specified in this rule and the employer has a policy that allows an employee to
donate sick time to a coworker for a purpose specified in this rule.
(6) In the event of a public health
emergency, including, but not limited to:
(a)
Closure of the employee's place of business, or the school or place of care of
the employee's child, by order of a public official due to a public health
emergency;
(b) A determination by a
lawful public health authority or by a health care provider that the presence
of the employee or the family member of the employee in the community would
jeopardize the health of others, such that the employee must provide self-care
or care for the family member;
(c)
The exclusion of the employee from the workplace under any law or rule that
requires the employer to exclude the employee from the workplace for health
reasons;
(d) The following public
health emergencies are permissible uses of sick leave unless the employee is
employed as a first responder:
(A) An
emergency evacuation order of level 2 (SET) or level 3 (GO) issued by a public
official with the authority to do so, if the affected area subject to the order
includes either the location of the employer's place of business or the
employee's home address; or
(B) A
determination by a public official with the authority to do so that the air
quality index or heat index are at a level where continued exposure to such
levels would jeopardize the health of the employee.
(7) For purposes authorized under
ORS chapter 657B, including during periods of time the absence for which paid
sick leave is taken also qualifies as family or medical leave taken pursuant to
ORS chapter 657B.
Statutory/Other Authority: ORS
651.060 & ORS
653.601-653.661
Statutes/Other Implemented: ORS
653.601-653.661
