Compliance Center: Requirements of Oregon’s Sick Time Law
January 15, 2016
January 11, 2016
Oregon’s new Sick Time Law went into effect on January 1, 2016 and required employers within the State of Oregon to implement sick time policies and provide sick time to employees. Employers also have two notice requirements.
How much sick time does the law require?
Employees begin accruing sick time on the first day of employment and earn one (1) hour of sick time for every 30 hours worked or 1 1/3 hours for every 40 hours worked. Employees may use accrued sick time on the 91st calendar day of employment and may use sick time as it is accrued.
Paid time off (PTO) policies that include time off for other purposes (such as vacation and other personal time off) comply with the sick time law as long as the policy is substantially equivalent to or more generous than the requirements of the law. “Substantially equivalent” means that employees are allowed to use at least the same number of hours for the same purposes under the same or more generous rules as required by the sick time law.
Notices and Verification:
In addition to providing a notice to employees of the requirements of the law, employers are required to provide at least quarterly notifications to employees of the amounts of accrued and unused sick time. Credit unions may provide their employees with the BOLI poster to comply with the notice requirement of the law. The Administrative Rule allows for three different methods a credit union may use to provide notice to their employees:
- Distributing the written notice directly to each employee;
- Incorporating the written notice into a handbook or manual that is made available to employees; or
- Posting the written notice in a conspicuous and accessible location in each workplace of the employer.
Providing PTO or sick time information on an employee’s paystub fulfills the at least quarterly notification requirement.
For what purposes may sick time be used?
Employees are entitled to use sick time for the following purposes:
- For an employee’s or family member’s mental or physical illness, injury or health condition or need for medical diagnosis of these conditions or need for preventive medical care.
- To care for an infant or newly adopted child under 18, or for a newly placed foster child under 18, or for a child over 18 if the child is incapable of self-care because of mental or physical disability.
- To care for a family member with a serious health condition.
- To recover from or seek treatment for a serious health condition that renders the employee unable to perform at least one of the essential functions of the employee’s job.
- To care for a child of the employee who is suffering from a non-serious illness, injury or condition.
- To deal with the death of a family member by attending the funeral or alternative, making arrangements necessitated by the death of a family member, or grieving the death of a family member.
- To seek medical treatment, legal or law enforcement assistance, remedies to ensure health and safety, or to obtain other services related to domestic violence, sexual assault, harassment or stalking incidents to the employee or employee’s minor child or dependent.
- To donate sick time to another employee for qualifying purposes if the employer has a policy allowing such donations.
- For certain public health emergencies including closure by a public official of the employee’s place of business, school or place of care of the employee’s child, or a determination by a public health authority or health care provider that the presence of the employee or a family member presents a health risk to others.
Compliance Question of the Week
How do we know which disclosures and posters we are required to post in the credit union?
Credit unions are required to post many different disclosures and posters to fulfill regulatory requirements and state employment requirements. Click here to download a list of the required disclosures.
Consumer Financial Protection Bureau (CFPB)
The CFPB announced that it is seeking public input on the HMDA resubmission guidelines in relation to the new HMDA rules.
The CFPB announced that it has named a new Acting Deputy Director, David Silberman. Silberman currently serves as the Associate Director for Research, Markets, and Regulations.
Federal Trade Commission (FTC)
The FTC released its report on the use of big data. The report, Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues, encourages businesses to look at the fine line between the value of big data and ensuring that the data doesn’t lead to biases against certain groups.
Federal Reserve Board
The FRB released the minutes from the Federal Open Market Committee’s December meeting.
Office of Foreign Assets Control (OFAC)
OFAC has updated the SDN list as of January 07, 2016. The last update prior to this was December 22, 2015.
Questions? Contact the Compliance Hotline: 1.800.546.4465, email@example.com.
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