Oregon’s sick leave laws give almost every worker in the state the right to earn at least one hour of protected sick time for every 30 hours worked, up to 40 usable hours a year. Whether those hours come with a paycheck depends on how big your employer is. The right to take the time without being punished for it, and to come back to the same job afterward, applies to everyone the law covers.
Who the Law Covers
The statute defines an employee as anyone who provides personal services to an employer for pay.1Oregon Public Law. Oregon Code ORS 653.601 – Definitions for ORS 653.601 to 653.661 That reaches full-time, part-time, hourly, salaried, commission, and piece-rate workers. Home care workers and personal support workers are specifically included.2Oregon State Legislature. Oregon Code ORS 653 – Minimum Employment Conditions Seasonal and temporary workers qualify. If you perform paid work in Oregon, you almost certainly do too.
A short list of workers falls outside the law:
- Federal employees, who are covered by federal civil service rules.
- Independent contractors who operate independently from the hiring business.
- Participants in state or federal work-training and work-study programs, and students in employment-based financial-aid programs.
- Railroad workers covered by the federal Railroad Unemployment Insurance Act.
- Workers employed by their own parent, spouse, or child.
How You Earn Hours
You start earning sick time on your first day of work, at a rate of one hour for every 30 hours worked.3Oregon Public Law. Oregon Code ORS 653.606 – Employee Count, Paid and Unpaid Sick Time You generally can’t use what you’ve earned until you’ve been on the job 90 days, but the hours accumulate from day one. Employers can cap your usable sick time at 40 hours per benefit year.
Employers get to pick how they deliver the hours. Under the accrual method, your bank grows gradually as you work, and the employer must let you roll up to 40 unused hours into the following year. Even then, the employer can limit your total balance to 80 hours and still cap annual use at 40. The other option is front-loading: the employer gives you the full 40 hours on the first day of the benefit year, and the carryover rule drops away because you get a fresh 40 next year.
A third arrangement is available by mutual agreement. An employer with 10 or more workers can pay out unused paid sick time at year’s end and credit a new 40 hours on day one of the next year.3Oregon Public Law. Oregon Code ORS 653.606 – Employee Count, Paid and Unpaid Sick Time Smaller employers can do the same with unpaid time.
Paid or Unpaid: Does Your Employer Have to Pay You?
Oregon requires employers with 10 or more employees to pay you at your regular rate for sick time you use.3Oregon Public Law. Oregon Code ORS 653.606 – Employee Count, Paid and Unpaid Sick Time Employers with fewer than 10 workers must still provide the same amount of job-protected leave, but it can be unpaid.
Portland sits under a tighter rule. Any employer located in a city with more than 500,000 residents must pay sick time once it has at least six employees anywhere in Oregon. Portland employers with fewer than six workers still owe protected unpaid time.
Paid or unpaid, every worker who takes protected sick time keeps their health insurance and other benefits during the absence and has the right to return to the same position.
What You Can Use Sick Time For
The qualifying reasons go well beyond calling in with the flu.4Oregon Public Law. Oregon Code ORS 653.616 – Allowable Uses of Sick Time
Your Own or a Family Member’s Health
Illness, injury, mental health conditions, and preventive care like dental cleanings and annual checkups all count. The same reasons apply when a family member needs attention. Oregon defines family broadly: spouses, children, parents, grandparents, grandchildren, domestic partners, and other close relationships listed in ORS 659A.150.
Safety Leave
If you or a family member is a victim of domestic violence, harassment, sexual assault, or stalking, you can use sick time to seek legal help, relocate, or attend court proceedings.
Public Health Situations
You can use hours when a public health official closes your child’s school or daycare, when a health authority determines your presence in the community would put others at risk, or when your employer directs you to stay home for health reasons.
What Changed in September 2025
Starting September 26, 2025, Oregon broadened the list in two ways. You can now use accrued sick leave for any purpose that qualifies under the Paid Leave Oregon insurance program, which pulls in parental bonding and certain family-leave situations the sick-leave statute didn’t previously cover. You can also use the time to donate blood.5State of Oregon. Paid Leave, OFLA, FMLA Comparison Chart
Notice and Doctor’s Notes
For foreseeable absences, like a scheduled surgery, give your employer at least 10 days’ notice. For unexpected illness or injury, notify them as soon as reasonably possible, following whatever call-in procedure your workplace has set.6Oregon Public Law. Oregon Code ORS 653.621 – Minimum Use Increments, Notice to Employer
Your employer can request medical verification only if you miss more than three consecutive scheduled workdays, or if there’s a recognizable pattern suggesting the benefit is being abused. If they do request documentation, they must cover any out-of-pocket cost you incur to get the note.7Oregon Public Law. Oregon Code ORS 653.626 – Medical Verification
Retaliation and Job Protection
An employer cannot punish you for using protected sick time.8Oregon Public Law. Oregon Code ORS 653.641 – Unlawful Practices That means no firing, demotion, hour cuts, or shift reassignment because you called in. It also means a point-based attendance policy cannot count your protected sick hours against you. If missing work for a covered reason earns you a disciplinary mark, that policy violates the law.
You have the right to return to the same position with the same pay and benefits. An employer who restructures your role while you’re out on protected leave is inviting a retaliation claim.
Leaving a Job and Coming Back
Oregon does not require employers to pay out unused sick time when you quit, get laid off, or are fired. Your balance simply disappears from the payroll record. This is one of the biggest practical differences between sick leave and vacation pay, which many employers do owe at separation.
If you return to the same employer within 180 days, your previously accrued and unused sick leave must be restored.9State of Oregon. Frequently Asked Questions About Sick Leave If you left before finishing the initial 90-day eligibility period, the days you already worked count toward it when you come back.
How This Differs From Paid Leave Oregon
Oregon sick leave and Paid Leave Oregon are two different programs, and workers often mix them up. Sick leave is funded by your employer and tops out at 40 hours a year, meant for short absences. Paid Leave Oregon is a state insurance program funded by payroll contributions from both employers and employees, and it provides up to 12 weeks of benefits a year, with a possible extension to 14 weeks in some cases.5State of Oregon. Paid Leave, OFLA, FMLA Comparison Chart
Eligibility works differently too. Sick leave requires only that you work in Oregon; accrual starts on day one, with a 90-day wait before use. Paid Leave Oregon requires at least $1,000 in wages during the base year, and job protection starts after 90 days with the same employer. Sick leave pays 100% of your regular rate at eligible employers; Paid Leave Oregon benefits vary with your average weekly wage and can reach up to 100% for lower-income workers.
Since September 2025, you can use your accrued sick leave hours for any reason that qualifies under Paid Leave Oregon. The two programs still don’t replace each other. Sick leave is the short-term benefit for brief absences, and Paid Leave Oregon is the extended benefit for longer ones.
Filing a Complaint
The Bureau of Labor and Industries (BOLI) enforces Oregon’s sick-leave law. If your employer denies your sick time, retaliates against you for using it, or refuses to pay for hours you’ve earned, you can file a complaint through BOLI’s online complaint resolution center.10State of Oregon. File a Complaint – For Workers BOLI investigators conduct workplace inspections and can order corrective action, including back pay and civil penalties.11State of Oregon. BOLI Investigations
Complaints go further when you’ve kept records. Save screenshots of schedules, a copy of any written sick-leave policy, and notes on when you asked for the time and how your employer responded. You don’t need a lawyer to file with BOLI, and the process costs nothing.