Code: GCBDD/GDBDD

Adopted: 5/14/25

“Employee” for the purpose of this policy means an individual who renders personal services at a fixed rate to the ESD if the ESD either pays or agrees to pay for personal services or permits the individual to perform personal services. The definition does not include volunteers or independent contractors.

Employees qualify to begin earning and accruing sick time on the first day of employment with the ESD and are eligible to use sick time beginning on the 91st calendar day of employment with the ESD and may use sick time as it is accrued.

The ESD employs 10 or more employees and therefore shall allow an eligible employee to access up to 40 hours of paid sick time per year. [Paid sick time shall accrue at the rate of at least one hour of paid sick time for every 30 hours the employee works, or 1-1/3 hours for every 40 hours the employee works.

The employee may carry up to 40 hours of unused sick time from one year to the subsequent year. An employee is limited to accruing no more than 80 hours of sick time and using no more than 40 hours of sick time in a year.

Sick time shall be taken in increments of more than two hours and may be used for the employee’s or a family member’s¹ mental or physical illness, injury or health condition, need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition or need for preventive care, or for reasons consistent with qualifying Family Medical Leave (FMLA), Paid Family and Medical Leave Insurance (PFMLI) or Oregon Family Leave (OFLA). Sick time may also be used in the event of a public health emergency or for leave to address domestic violence, harassment, sexual assault, bias, or stalking under ORS 659A.272.

The use of sick time may not lead to, or result in, an adverse employment action against the employee.

The ESD reserves the right, after an employee uses sick time for more than three consecutive scheduled workdays, to require verification or certification in accordance with law of the need for the sick time, including a medical verification or certification² paid for by the ESD. If an employee fails to provide verification or certification or fails to provide other evidence as required by the ESD, the employee shall be subject to appropriate disciplinary action, up to and including dismissal.

When the reason for sick time is consistent with FMLA, PFMLI or OFLA leave, sick time leave and qualifying FMLA, PFMLI or OFLA leave may run concurrently.

When the reason for sick time is consistent with ORS 332.507, sick time leave and leave pursuant to ORS 332.507 may run concurrently.

If the reason for sick time is a foreseeable absence, the ESD requires an employee to provide advance notice of the intention to use sick time^{{ 3 }} 10 days prior to when the requested sick time is to begin or as soon as otherwise practicable. When an employee uses sick time for a foreseeable absence, the employee shall take reasonable effort to schedule the sick time in a manner that does not unduly disrupt the operations of the ESD (e.g., grading deadlines, inservice training, mandatory meetings). The ESD may discipline an employee if the employee fails to make a reasonable effort to schedule leave in a manner that does not unduly disrupt the operations of the ESD.

If the reason for sick time is unforeseeable, such as an emergency, accident or sudden illness, the employee shall notify the ESD consistent with the reporting time established by the ESD , or when circumstances prevent the employee from providing notice as required, as soon as practicable.

The ESD may discipline an employee for violating workplace policies and procedures if the employee fails to provide notice as required.

The ESD shall establish a standard process to track the eligibility for sick time of a substitute.

END OF POLICY

² In the case of need for leave under ORS 659A.272, the ESD may not require the verification or certification to explain the nature of the illness or details related to the      domestic violence, sexual assault, harassment, bias, or stalking, which necessitates the use of sick time.

³ {ORS 653.621(3): “…not to exceed 10 days”}