Effective January 1, 2016

 

Effective January 1, 2016, Oregon’s “mandatory” Sick Time Law goes into effect.  This past July, the Oregon Legislature passed Senate Bill 454 requiring certain employers to implement and provide paid sick leave to workers.  In late December, the Bureau of Labor and Industries (BOLI) issued the rules governing how employers are to implement the law (OAR 839-007-0000). 

Oregon State University is an employer that is covered by this new law.  In the event current University policies or collective bargaining agreements are more generous than the law, the University will continue to follow its current policies and collective bargaining agreements. 

Unclassified employees (in appointments of .50 FTE or greater) and regular Classified employees receive sick leave benefits greater than required by the new law and will experience no change in the level of benefits.  The Coalition of Graduate Employees bargained over the summer for sick leave benefits which are equal to or greater than the law and took effect December 16, 2015.

Prior to this new law, temporary employees, student employees and unclassified part-time employees at less than .50 FTE did not receive sick leave benefits.  These employees will now begin receiving sick leave benefits effective January 1, 2016.

 

Changes to Sick Leave Policies effective January 1, 2016

Listed below are the changes to our current policies for each employee group. In the coming months, all polices will be aligned to reflect these changes:

 

Unclassified Employees (Faculty and Professional Faculty)

Part-time faculty members in appointments of less than .50 FTE shall begin accruing sick leave on January 1, 2016.  The accrual rate will be at the same rate as full time faculty pro-rated based on their appointment FTE (1.0 FTE accrue 8 hours per month).  For example, a .25 FTE faculty member shall accrue 2 hours per month.  Part-time faculty members are to request sick leave in advance when appropriate and report sick leave used on their timesheet in EmpCenter.

Domestic Partners (Same or Opposite Sex), an individual In Loco Parentis status, Foster parents, Parents of Domestic Partner, Children of Domestic Partner (Same or Opposite Sex), Foster children, and Grandchildren, are now included within the definition of an employee’s immediate family.

A public health emergency which closes school, work or child care, as declared by a Public Health Official, is now added as an appropriate use of sick leave.

All other provisions of current policy remain in effect (e.g., unlimited accrual and carry-over, restoration upon re-employment).

 

Classified Employees (SEIU)

Represented Temporary employees will accrue and use sick leave based on the rules and requirements of the Oregon Sick Time Law effective January 1, 2016 (refer to Summary of Oregon Sick Time Law).  Rate of accrual will be one (1) hour for every thirty (30) hours worked.  Represented Temporary employees are to request sick leave in advance when appropriate and report sick leave used on their timesheet in EmpCenter.

Sick leave used for an individual in Loco Parentis status, Foster Parents, and Foster Children will be considered an appropriate use of sick leave.

A public health emergency which closes school, work or child care, as declared by a Public Health Official, will be an appropriate use of sick leave.

All other provisions of current policy and the SEIU collective bargaining agreement remain in effect.

 

Temporary Employees

Unrepresented Temporary employees will accrue and use sick leave based on the rules and requirements of the Oregon Sick Time Law effective January 1, 2016 (refer to Summary of Oregon Sick Time Law).  Rate of accrual will be one (1) hour for every thirty (30) hours worked.  Unrepresented Temporary employees are to request sick leave in advance when appropriate and report sick leave used on their timesheet in EmpCenter.

 

Graduate Assistants (GRA and GTA)

CGE negotiated a different model of sick leave benefits which became effective December 16, 2015.  Additional information on the contract language, how to request and report leave, and FAQs can be found on the Student Employment webpage.

 

Student Employees

Beginning January 1, 2016, hourly student employees will accrue sick leave based on the rules and requirements of the Oregon Sick Time Law at the rate of one (1) hour for every thirty (30) hours worked. Refer to the Summary of Oregon Sick Time Law.  Student employees are to request sick leave in advance when appropriate and report sick leave used on their timesheet in EmpCenter.

Students in Federal Work-Study positions are not eligible for accrual or use of sick leave.

 

 

Oregon Sick Time Law

Below is a summary of the rules and regulations as implemented by Oregon State University.  If current University policies or collective bargaining agreements are more generous than the law, the University will continue to follow its current policies and collective bargaining agreements. 

Applies To:  All employees who perform work in Oregon are to receive paid sick leaveincluding unclassified, classified, full-time, part-time, regular, temporary, student, fixed rate (1 @’s), hourly, and exempt.

Does Not Apply to:  Student employees on Federal Work-Study

Available for Use:  Sick Leave is available to use on the 91st calendar day of employment.  Employees may use the sick leave as it is accrued.

Accrual Rate:  Sick Leave will accrue at the rate ofone (1) hour for every thirty (30) hours worked.

Maximum Accrual:  Sick Leave accrual will be capped at 40 hours of sick leave per fiscal year with a maximum accrual of 80 hours. 

Carry Over Limit:  Employees can carry over up to 40 hours of unused sick leave from fiscal year to fiscal year.

Restoration:  An employee who is re-employed by the University within 180 days of separation will have previously accrued unused sick leave restored.

Limitation on Use:  Employees will be limited to using no more than 40 hours of sick leave in a fiscal year.  Sick Leave is to be taken in hourly increments. 

Reasons Sick Leave May Be Used: Sick leave may be used for the following reasons: 

  • Employee or family member experiences a mental or physical illness, injury, or health condition (includes dental);
  • Employee or family member needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition (includes dental);
  • Employee or family member needs preventive medical care (includes dental);
  • Parental leave – to care for an infant or newly adopted child under age 18 or for a newly placed foster child under age 18;
  • Bereavement Leave – within 60 days of receiving notice to deal with the death of a family member (e.g., attend funeral or alternative, make arrangements, grieve);
  • Public health emergencies which closes school, work or child care as declared by  a Public Health Official
  • Employee takes time to address domestic violence, harassment, sexual assault, or stalking issues.

Family Member Includes:  Spouse, Same-gender Domestic Partner, Parent (custodial, non-custodial, adoptive, foster, biological, step), In Loco Parentis individual, Parent-in-law, Parent of Same-gender Domestic Partner, Grandparent, Grandchild, Child (biological, adoptive, foster, step), and child of Same-gender Domestic Partner.

Family Member Does NOT Include:  Opposite-sex Domestic Partner, Siblings, Cousins, Aunts and Uncles.

Employee Notice – Unforeseeable Leave:  Employees are to follow normal call-in procedures and provide notice as soon as practicable. 

Employee Notice – Foreseeable Leave:  When leave is foreseeable, such as a scheduled surgery, the employee should notify the appropriate person in their department within 10 days of the date of leave.

Medical Verification:  When an employee takes more than three consecutive days of sick leave, the University may require verification from a health care provider.

Abuse: Use of leave for reasons not covered by the law may be deemed abuse of sick leave and the University can investigate and/or require medical verification even if the employee has not been absent for three or more consecutive days.

 

Additional Resources: