Oregon sick time rules for employers
Reviewed Sep 24, 2026 4 official sources How we verify
Not a substitute for the advice of an attorney. General information; laws vary by state. Terms of use
The answer
Paid at 10+ employees (6+ with a Portland site)
Oregon employees accrue at least 1 hour of protected sick time per 30 hours worked, up to 40 hours a year (or the employer front-loads 40). It is paid if the employer has 10 or more employees, or 6 or more when it has a location in Portland; smaller employers give protected unpaid time (ORS 653.601 to 653.661). (Oregon BOLI, Sick time)
“You get paid sick time if your employer has 10 or more employees (6 or more if they have a location in Portland). Otherwise, sick time is protected but unpaid.”
What it means for Oregon employers
Every employer with even one worker in Oregon is covered; the headcount only decides paid or unpaid. The Bureau of Labor and Industries (BOLI) counts full-time, part-time, seasonal and temporary staff, and looks back at the preceding calendar or fiscal year: if there were any 20 workweeks, not necessarily consecutive, in which the daily average reached 10 (or 6 for an employer with operations in Portland), sick time is paid this year. An owner who receives a W-2 is generally counted. (Oregon BOLI, Sick time)
Pay means the regular wage without losing benefits such as health coverage. BOLI's regular rate leaves out overtime, holiday pay, discretionary bonuses, tips and other premium rates, but keeps shift differentials paid for working under different conditions. Piece-rate workers get at least the minimum wage; workers paid a base plus commission get the base rate or minimum wage, whichever is higher. (Oregon BOLI, Sick time (For Workers))
Balances must be reported to employees at least quarterly; most employers put it on the pay stub. (Oregon BOLI, Sick time (For Workers))
The list of permitted uses is longer than in most states and was widened again recently. Since January 1, 2026 (SB 1108), sick time can be used for blood donation through a program approved or accredited by the American Association of Blood Banks or the American Red Cross. BOLI's rules also allow use, outside first responder jobs, when home or work is under a Level 2 or 3 evacuation order, or when a public official finds that air quality or heat at home or work would endanger the employee's health. (Oregon BOLI, Sick time)
Exceptions and special cases
- New hires may be made to wait until they have been employed 90 days before using accrued time, though accrual starts on the first day. (Oregon BOLI, Sick time (For Workers))
- Doctor's notes are limited to specific cases: more than three consecutive scheduled workdays of leave (or foreseeable leave expected to last that long), use without following the notice rule of the employer's policy (which can require at most 10 days' notice for foreseeable leave), or sufficient evidence of abuse such as a pattern of absenteeism. The employer pays the cost of the verification, including lost wages not covered by the employee's health plan. (Oregon BOLI, Sick time (For Workers))
- A PTO plan counts only if it is substantially equivalent: accrual of up to 40 hours at 1 per 30 (or 1 1/3 per 40) or 40 hours front-loaded, quarterly balance reports, use of up to 40 hours as sick time after day 90, and carryover of up to 40 unused hours unless the time is front-loaded. (Oregon BOLI, Sick time)
- Unused sick time does not have to be paid at termination or resignation. Employers with a union contract are not exempt, but since January 1, 2023 (SB 588) they may meet the law through a multi-employer trust or benefit plan in the agreement. (Oregon BOLI, Sick time)
Worked examples
A Bend brewery with a summer peak
In 2025 the brewery averaged 12 employees a day for 22 weeks and 7 for the rest of the year. Because 20 or more weeks averaged 10 or more, sick time is paid for all employees in 2026. (Oregon BOLI, Sick time)
The same headcount with a Portland taproom
A company that averaged 7 employees a day across Oregon for 20 weeks would owe unpaid time, but if it has a location in Portland the threshold is 6, so its sick time is paid. (Oregon BOLI, Sick time)
A hire on Tuesday, September 1, 2026
Accrual starts on the first shift. The employer may hold use until the 90-day mark, which falls on Monday, November 30, 2026, when the employee has been employed 90 days. (Oregon BOLI, Sick time (For Workers))
How to act on it
Paid sick leave: Oregon and neighboring states
Each state links to its rulebook. Only rules we verified are shown.
| State | Statewide paid sick leave |
|---|---|
| Oregon | Yes, statewide |
| Washington | Yes, statewide (full page) |
| California | Yes, statewide (full page) |
| Idaho | Pending verification |
| Nevada | Pending verification |
Questions about Oregon paid sick leave rules
Do small Oregon employers have to pay for sick time?
Below 10 employees (6 with a Portland location), sick time is protected but unpaid. At or above the threshold it is paid.
How does an Oregon employer count to 10 employees?
BOLI looks at the preceding calendar or fiscal year: if the daily average was 10 or more in any 20 workweeks, not necessarily consecutive, sick time is paid. All full-time, part-time, seasonal and temporary employees count.
Can an Oregon employer require a doctor's note for one sick day?
No. Medical verification is allowed only for more than three consecutive scheduled workdays, missed notice under the policy, or evidence of abuse, and the employer pays its cost.
Can sick time be used for wildfire smoke or heat in Oregon?
Yes, for employees who are not first responders, when a public official determines that air quality or heat at home or work would jeopardize their health, or when home or work is under a Level 2 or 3 evacuation order.
Does Oregon require sick time payout at termination?
No. BOLI says unused accrued sick time does not have to be paid at termination or resignation.
The verified rules behind this page (4)
- Accrual: Oregon sick time: employees accrue at least 1 hour of protected sick time for every 30 hours worked (employers may instead frontload at least 40 hours at the start of the year). (Oregon BOLI, Sick time (For Workers); verified Sep 24, 2026)
- Annual cap: Accrual is required up to 40 hours of sick time per year. (Oregon BOLI, Sick time (For Workers); verified Sep 24, 2026)
- Employer coverage: Sick time must be paid if the employer has 10 or more employees (6 or more if it has a location in Portland); smaller employers must still provide protected but unpaid sick time. (Oregon BOLI, Sick time (For Workers); verified Sep 24, 2026)
- A fired or laid-off employee must receive the final paycheck by the end of the next business day. (Oregon BOLI, Paychecks (ORS 652.140); verified Sep 24, 2026)
Sources (4)
Checked Sep 24, 2026 · How we verify every rule · Report an error
General information, not legal advice. Not a substitute for the advice of an attorney. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Report an error