As Oregon’s April 2022 snowstorm becomes a distant memory, it’s time for some spring cleaning of employer leave policies. There are two recent changes that may require updates to your employee handbook.

Oregon Paid Sick Leave—Expanded to Account for Evacuation Orders, Poor Air Quality, and Heat.

BOLI recently adopted, effective April 1, 2022, a rule that makes permanent a temporary rule allowing employees to use paid sick leave due to dangers posed by the weather. Under the permanent rule, employees (other than first responders) may use Oregon paid sick leave in the case of either:

• A level 2 (“SET”) or 3 (“GO”) emergency evacuation order—for example, in the case of a wildfire—that applies to either (1) the employer’s place of business, or (2) the employee’s home address; or
• An authorized determination that the air quality or heat index is at a level at which exposure would jeopardize the health of the employee.

While an evacuation order could affect any Oregon employer, the air quality/heat index protections seem to be geared towards outdoor workers—where working could be dangerous due to the air quality or heat—and likely would not apply to those working indoors in an air-conditioned office in most circumstances. Employers should update their paid sick leave policies accordingly.

Oregon Family Medical Leave—180-Day Length of Service Requirement is Back in Effect

Last year, as part of its efforts to address the COVID-related public health emergency, the Oregon...

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