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Oregon sick leave law. can an employer take away unused sick…

Oregon sick leave law. can...
Oregon sick leave law. can an employer take away unused sick leave fro previous year if its under 80 hours
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Answered in 7 hours by:
3/14/2018
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,991
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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Hello,

Thank you for your question. Yes, assuming that there is no union bargaining agreement or other contract that states otherwise, an employer in Oregon can limit accrual of sick leave to 80 hours. This is a statement of the law issue by the Oregon DOL:

"...Effective January 1, 2018, if employees work full-time throughout the course of a year, they will likely have worked enough to accrue almost 70 hours of sick time. Employers are only required to allow employees to use 40 hours in a year, however. The law was amended in 2017 to make clear that an employer may limit the number of paid sick time hours an employee may accrue to 40 hours per year. Employers may also limit carry-over of unused sick time from one year to the next to up to 40hours a year and cap total accrual balances to 80 hours..."

You can see a more in depth discussion of the sick leave law by going to the following link: http://www.oregon.gov/boli/TA/Pages/T_FAQ_OregonSickTime.aspx

Please feel free to ask for clarification. If none is needed, then if you could take a moment to reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 5 months ago
I will give an example to clarify my question. Last year the company gave 40 hours of sick leave i used 16 hours so i had 24 hours left. The 15th of january this year i askef how many hours I had left from last year and I was told you have none from last year because we decided not to let you roll it over. Can they do that or do they have to roll over the sick leave if it gives you a total combined sick leave of less than 40 hours that has been rolled over.

Thank you for your reply, however, I cannot provide you specific legal advice or a legal opinion since I am not your attorney as we cannot form an attorney-client relationship via this forum. You can find your answer if you carefully read the information at the link I provided.

If you believe that the company is violating the law as I have discussed it above, and is further discussed at the link, then you can file a complaint with the State DOL and they will investigate and try to resolve the issue. Your employer cannot take any adverse action against you for doing so.

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,991
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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