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Employment eAlert: Portland Issues Final Rules for City of Portland Sick Leave Ordinance

November 2013

If you are an employer with employees who work 240 or more hours per year within the City of Portland, beginning on January 1, 2014, you will have to comply with the City of Portland's Sick Leave Ordinance. Compliance may be via an existing sick leave or PTO policy that provides equivalent benefits to the Ordinance. Otherwise, if you do not currently provide sick leave, you will have to adopt a sick leave policy pursuant to the Ordinance. Generally, if you have 6 or more employees, you must provide 1 hour of paid sick leave for every 30 hours of work performed by the employee in the City, up to a maximum of 40 hours of paid sick leave per year. If you have fewer than 6 employees, you must provide unpaid sick leave. 

The Final Rules clarify:
• How to calculate employees for coverage purposes
• The reasons leave may be taken
• How and when leave can be taken
• Pay rates for leave
• Employee notice of need for leave
• Documentation that may be required in connection with sick leave
• Remedies for employees who are denied leave or retaliated against for taking leave

The Rules also detail employer obligations regarding notice, including: posting requirements, individual notification, and quarterly notice to employees of accrued sick time.  For more information about the City of Portland Sick Leave Ordinance, or to determine if your current PTO or sick leave policy complies with the Ordinance, or for information about any other employment law issues, please feel free to contact us.

Check out our Employment Law Blog to stay updated on current issues: employmentlaw.sussmanshank.com.


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