Question: The area where our business is located is under a level 3 (go now, shut the business) evacuation order from the county’s office of emergency management due to flooding. Can employees use their paid sick leave while we’re closed?
Answer: If you’re located in Oregon or Washington, then yes, employees are allowed to use any available paid sick leave under state law to cover work hours missed while you’re closed in this situation. The paid sick leave laws in these states allow time off for public health emergencies, including evacuation orders (among other reasons).
- Oregon Sick Time may be used for any public health emergency, including when a public official orders closure of an employee’s workplace, or the school or place of care of the employee’s child. The Oregon sick time regulations contain a list of examples, one of which excludes first responders but may be relevant in a flooding situation for other employees. The example given is when an emergency evacuation order of level 2 (set) or level 3 (go) affects your business location or the employee’s home. For additional examples of protected sick time due to a public health emergency, see the Oregon regulations at OAR 839-007-0020(6)(d).
- Washington Paid Sick Leave may be used when your place of business or an employee’s child’s school or place of care has been closed by order of a public official for any health-related reason or after the declaration of an emergency by a local or state government or agency, or by the federal government (see RCW 49.46.210 (1)(b)(iii) and WAC 296-128-600 (11)).
Be sure to let your employees know their paid sick leave is available to use in any of these difficult circumstances. For more information on state sick leave laws, see our Legal Guide, Paid Sick Leave Laws: California, Oregon, Washington and Federal, and our Model Policies, Oregon Sick Leave Policy and Washington Paid Sick Leave Policy.
