Isabella TorresHow much sick time do you get in Oregon? The answer: 1 hour for every 30 hours worked, up to 40 hours per year — paid if your employer has 10 or more employees. Oregon's Sick Time Law (ORS 653.600–653.661) has been in effect since 2016 and covers nearly every worker in the state. Here are the most important questions workers, HR managers, and employers are asking about Oregon sick leave in 2026.
Which Employees Are Covered by Oregon's Sick Time Law?
Oregon's sick time law covers virtually all employees who work in Oregon, with very limited exceptions. The employer must have at least one employee. Independent contractors are not covered; employees misclassified as contractors retain their rights. The one significant carve-out: certain collectively bargained employees whose union agreements expressly address sick time may be covered by the CBA terms instead of state law.
Is Oregon Sick Time Paid or Unpaid?
It depends on employer size:
- Employers with 10 or more employees (statewide): must provide paid sick time
- Employers with fewer than 10 employees (statewide): must provide unpaid sick time
- Employers in Portland with 6 or more employees: must provide paid sick time (Portland's municipal ordinance sets a lower threshold)
Paid sick time is compensated at the employee's regular rate of pay — the same rate they would have been paid had they worked that day. Tipped employees are generally entitled to their regular hourly rate (not including tips) for sick time taken.
How Does Sick Time Accrue?
Employees accrue 1 hour of sick time for every 30 hours worked, beginning on the first day of employment. There is no waiting period for accrual — sick time starts accumulating from day one.
However, employers may restrict use of sick time during the employee's first 90 days of employment. This means a newly hired employee may have accrued sick time but cannot use it until they have been employed for 90 days. After the 90-day period, the banked hours are immediately available.
Alternatively, employers may front-load 40 hours of sick time at the beginning of each benefit year instead of tracking accrual — effectively giving all eligible employees their full annual sick leave at once.
What Can Oregon Sick Time Be Used For?
Oregon's list of qualifying reasons is broader than the federal FMLA. Sick time may be used for:
- The employee's own physical or mental illness, injury, or medical condition
- Preventive medical, dental, or mental health care appointments
- Caring for a family member who is ill, injured, or has a medical appointment
- Closure of the employee's workplace or the child's school/daycare due to a public health emergency
- If the employee or a family member is a victim of domestic violence, sexual assault, harassment, or stalking — for medical care, safety planning, legal proceedings, or relocation
Oregon's definition of family member is deliberately broad: it includes the employee's spouse, domestic partner, parent, child, grandparent, grandchild, sibling, parent-in-law, and — critically — any individual whose close association with the employee is equivalent to a family relationship. This last category gives Oregon one of the widest family-care definitions in the country.
Can Unused Sick Time Carry Over?
Yes. Up to 40 hours of unused sick time carries over from one year to the next. Employees may accrue more than 40 hours in a single year if they work many hours, but employers are only required to allow use of up to 40 hours per year — any additional accrued hours are "banked" but cannot be used until the next year's allowance resets.
If an employer uses the front-loading method (granting 40 hours at the start of each year), unused time does not carry over — the employer provides a fresh 40 hours each year, and unused time from the prior year is forfeited.
What Documentation Can an Employer Require?
Oregon employers may require documentation verifying the reason for sick leave — but only for absences lasting three or more consecutive days. For shorter absences, the employer cannot demand a doctor's note or other proof. When documentation is required (for 3+ consecutive day absences), the employer must reimburse the employee for any costs incurred in obtaining it (e.g., doctor's office visit fee).
Employers cannot require employees to find their own shift coverage as a condition of using sick time.
What If My Employer Doesn't Provide Sick Time?
Oregon employers who violate the Sick Time Law are subject to BOLI enforcement. Workers can file a complaint at oregon.gov/boli. BOLI can require the employer to provide retroactive paid sick time and pay civil penalties. The statute of limitations for sick time complaints is 1 year from the date of the violation.
For comparison, Utah sick leave law does not require private employers to provide paid sick leave at all — Oregon's universal mandate covers workers who would have no protection in neighboring states. Similarly, North Carolina sick leave law offers no state-mandated sick leave for private sector workers.
How Does Oregon Sick Time Interact With Paid Leave Oregon?
Paid Leave Oregon (PLO) covers extended leave for serious medical conditions, parental bonding, and safe leave situations. Oregon Sick Time covers shorter absences — typically single-day or a few-day events. The two programs serve different purposes and operate independently.
However, if an employee takes PLO leave, they may (or may not, depending on employer policy) be required to exhaust any accrued sick time concurrently with PLO leave. Employers must clearly communicate their concurrent leave policy in writing.
À retenir: Oregon sick time may not be "cashed out" at the end of employment — it is not wages and does not need to be paid upon separation (unlike accrued vacation under some policies). The employer is not required to pay out unused sick hours when an employee leaves.
Legal disclaimer: This article provides general information about Oregon's Sick Time Law for educational purposes. It does not constitute legal advice. Oregon law is subject to updates and administrative interpretation. Consult a licensed Oregon employment attorney or Oregon BOLI for guidance specific to your situation.
