Question: The area where our business is located is under a level 3 (go now, shut the business) evacuation order from the county’s fire department due to wildfire danger. 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. The Oregon sick time regulations contain a list of examples, two of which exclude first responders but may be relevant in a wildfire scenario. One example is when an emergency evacuation order of level 2 (set) or level 3 (go) affects your business location or the employee’s home. A second example is poor air quality. Even if your business wasn’t ordered to close, poor air quality due to wildfires could entitle employees to use their Oregon sick time. Protected sick time includes a “determination by a public official with the authority to do so 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.” For additional examples of protected sick time due to a public health emergency, see the Oregon regulations at OAR 839-007-0020(6).
- Washington Paid Sick Leave may be used when your business has been closed by order of a public official for any health-related reason, which includes any serious public health concern that could result in bodily injury or exposure to an infectious or hazardous substance (except inclement weather). As of January 1, 2025, language will be added to this law to clarify that paid sick leave can be used when there’s a declaration of emergency by a local or state agency, or local, state, or 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 for them 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.
Vigilant helps employers navigate complex employment issues including leave laws in Oregon, Washington, California, Idaho and Montana. Learn about membership with Vigilant today and how you can proactively address risks.
