OREGON: Portland publishes clarifications regarding eligibility for Portland sick leave

The City of Portland has revised its FAQs regarding Portland’s Protected Sick Time Ordinance. The update clarifies the city’s position regarding the requirement that an employee work 240 hours in the city of Portland prior to being able to use accrued sick time. The 240 hours must be within the same year, and hours worked prior to January 1, 2014, do not count. If you use something other than a calendar year (e.g. fiscal year, or anniversary date) then the 240 hours worked must be within that 12-month period beginning in 2014. For example, the city says that if an employee’s anniversary date is June 30, then “[t]he employee will either need to accrue 240 hours between January 1st 2014 and June 30th, 2014 to be eligible to take sick leave earned, or if the accrual is not met, must start again on July 1st 2014, which is the beginning of the Employee’s new Year.”

Regardless of ability to use leave, accrual started for all employees who work in the city on January 1, 2014. And the additional requirement that an employee work 90 days prior to eligibility to use leave does include time spent working last year.

Tips: If you have employees that work in Portland, and you haven’t already posted the new Portland Sick Time Poster make sure you do so.  Current and newly hired employees must also receive notification of their right to leave (providing a copy of the poster is sufficient). Contact your Vigilant staff representative if you need help with your policy or administration of the new rules.