On March 21, 2022, Oregon’s Bureau of Labor and Industries (BOLI) issued a permanent rule expanding allowed reasons for leave under the state’s paid sick and safe leave (PSL) law. The permanent rule, which became effective April 1, 2022, is identical to a temporary rule issued by BOLI in 2021. A previous alert on the temporary rule is copied below for reference.

OR Paid Sick Leave Temporary Rule

On July 22, 2021, Oregon’s Bureau of Labor and Industries issued a temporary rule expanding the allowed reasons for leave under its paid sick and safe leave (PSL) law. The temporary rule specifically addresses PSL use during a public emergency.

• The temporary rule allows eligible employees to use PSL for absences due to
  • An official level 2 or 3 emergency evacuation order, if the area subject to the order includes the employer’s place of business or employee’s home address
  • An official determination that the air quality or heat index is at a level such that continued exposure could jeopardize an employee’s health.
• The temporary rule is effective immediately, and through January 17, 2022.
• The expansion of covered reasons for leave was enacted in response to record-breaking temperatures as well as wildfires that prompted emergency evacuations or thousands of Oregonians.