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City of Portland

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9.01.040 Use of Sick Time.

A.  An Employee becomes eligible to use Sick Time when he or she has worked for an employer within the geographic boundaries of the City for at least 240 hours in a Year. Once an Employee becomes eligible to use Sick Time he or she remains eligible regardless of the number of hours worked for that employer in subsequent Years.

B.  An Employee may use Sick Time for the following qualifying absences:

1.  Diagnosis, care, or treatment of the Employee’s, or the Employee’s Family Member’s, mental or physical illness, injury or health condition including, but not limited to,  pregnancy, childbirth,  post-partum care and  preventive medical care;

2.  Purposes described in ORS 659A.272 Domestic Violence, Harassment, Sexual Assault or Stalking. 

3.  An absence from work due 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.  Care for a Family Member when it has been determined by a lawful public health authority or by a Health Care Provider that the Family Member’s presence in the community would jeopardize the health of others;  or

c.  Any law or regulation that requires the Employer to exclude the Employee from the workplace for health reasons.

C.  An Employee may use Sick Time:

1.  In increments of one hour, unless a lesser time is allowed by the Employer.  Where it is physically impossible for an Employee to commence or end work part way through a shift, the entire time an Employee is forced to be absent may be counted against an Employee’s Sick Time.

2.  To cover all or part of a shift.

3.  To cover a maximum of 40 hours per Year, unless otherwise allowed by the Employer or as provided by law.

D.  An Employee may not use Sick Time:

1.  If the Employee is not scheduled to work in the City on the shift for which leave is requested; or

2.  During the first 90 calendar days of employment, unless the Employer allows use at an earlier time.

E.  Except as allowed under Subsection 9.01.040 G., an Employee, when absent from work for a qualifying reason under Subsection 9.01.040 B., shall use accrued Sick Time hours on the first day and each subsequent day of absence until all accrued time has been used.

F.  An Employer may not require the Employee to:

1.  Search for or find a replacement worker as a condition of the Employee's use of Sick Time.

2.  Work an alternate shift to make up for the use of Sick Time.

G.  If the Employer allows shift trading, and if an appropriate shift is available, then the Employer shall allow the Employee to trade shifts instead of using Sick Time.

H.  Employers shall establish a written policy or standard for an Employee to notify the Employer of the Employee’s use of Sick Time, whether by calling a designated phone number or by using another reasonable and accessible means of communication identified by the Employer for the Employee to use.

I.  The Employee shall notify the Employer of the need to use Sick Time, by means of the Employer’s established policy or standard, before the start of the employees scheduled work shift or as soon as practicable. 

J.  When the need to use Sick Time is foreseeable, the Employee shall provide notice to the Employer by means of the Employer’s established policy or standard as soon as practicable, and shall make a reasonable effort to schedule the Sick Leave in a manner that does not unduly disrupt the operations of the Employer.  The Employee shall inform the Employer of any change to the expected duration of the Sick Leave as soon as practicable.

K.  For absences of more than 3 consecutive days, an Employer may require reasonable documentation that Sick Time has been used for one of the purposes listed in Subsection 9.01.040 B., including but not limited to:

1.   Documentation signed by a licensed Health Care Provider,

2.  Documentation for victims of domestic violence, harassment, sexual assault or stalking as provided in ORS 659A.280 (4), or

3.  A signed personal statement that the Sick Leave was for a purpose covered by Subsection 9.01.040 B.

L.  If an Employer chooses to require documentation of the purpose for the use of Sick Time, the Employer shall pay the cost of any verification by the Health Care Provider that is not covered by insurance or another benefit plan as provided in ORS 659A.168 (2).

M.  Employers suspecting Sick Leave abuse, including patterns of abuse, may require documentation from a licensed Health Care Provider verifying the Employee’s need for leave at the Employee’s expense. Indication of patterns of abuse may include but are not limited to, repeated use of unscheduled Sick Time on or adjacent to weekends, holidays, or vacation, pay day, or when mandatory shifts are scheduled. 

N.  Nothing in this Chapter requires an Employer to compensate an Employee for accrued unused Sick Time upon the Employee’s termination, resignation, retirement, or other separation from employment.

O.  An Employer with a Sick Time or PTO policy in effect that provides the Employee with use of Sick Leave that equals or exceeds the requirements of this Section is compliant with this Section.