(1)(a) Upon request of an employee with accrued sick time available, an employer must allow the employee to use sick time. If possible, the employee shall include the anticipated duration of the sick time requested in the request.

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(b) Sick time earned under ORS § 653.606 shall be taken in hourly increments unless:

(A) To do so would impose an undue hardship on the employer; and

(B) The employer has a policy or combination of policies that allows an employee to use at least 56 hours of paid leave per year that may be taken in minimum increments of four hours and may be used for the purposes specified in ORS § 653.616.

(c) The Commissioner of the Bureau of Labor and Industries shall adopt rules for the implementation and administration of this subsection. The rules adopted shall include, but need not be limited to, criteria for establishment of undue hardship under this section that are based on the difficulty of securing a replacement worker while allowing the employer to apply a consistent policy to all employees.

(2) An employer may require the employee to comply with the employer’s usual and customary notice and procedural requirements for absences or for requesting time off if those requirements do not interfere with the ability of the employee to use sick time.

(3) If the need to use sick time is foreseeable:

(a) The employer may require reasonable advance notice of the employee’s intention to use sick time, not to exceed 10 days prior to the date the sick time is to begin or as soon as otherwise practicable; and

(b) The employee shall make a reasonable attempt to schedule the use of sick time in a manner that does not unduly disrupt the operations of the employer.

(4) If the need to use sick time is unforeseeable, the employee shall provide notice to the employer as soon as practicable and must comply generally with the employer’s notice or procedural requirements for requesting or reporting other time off if those requirements do not interfere with the ability of the employee to use sick time. [2015 c.537 § 7]

[1973 c.564 § 7; repealed by 1975 c.114 § 1]