The Oregon Bureau of Labor and Industries (BOLI) has made a permanent rule that expands the reasons for Oregon paid sick leave to include time off related to emergency evacuation orders as well as unhealthy air quality or high outdoor temperatures. The permanent rule is identical to the temporary rule we reported on last summer. The provision on evacuation orders applies when a public official issues an emergency evacuation order of level 2 (SET) or level 3 (GO) for an area where an employee’s home or workplace is located. The other provision applies when a public official determines “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.”
Tips: As we head into fire, smoke, and heat season, remember that if an employee says they can’t come to work because of an evacuation order, poor air quality, or high temperatures as determined by an authorized public official, the time off would be covered by any available paid sick leave. It isn’t necessary for the employee or a family member to feel ill in these situations to be entitled to protected leave.