Sick Time:
Sick time is protected by law. Oregon law requires your employer to give you at least one hour of protected sick time for every 30 hours you work. Your employer must pay you your regular wage when you take sick time if they have 10 or more employees. Sick time is available after working at least 90 days. If your employer is not following the law or if something feels wrong, call Oregon Labor and Industries at (971) 673 0761 or send an email to mailb@boli.state.or.us.
Employer Paid Sick Leave
Always check with your employer about whether your circumstances qualify you for Employer Paid Sick Leave. Information was taken from this helpful reference guide to sick leave and benefits from the Oregon Employment Department. In many circumstances, you could qualify for Employer Paid Sick Leave if:
- You are mildly sick with COVID-19
- You are severely sick with COVID-19
- You were exposed to COVID-19 and are quarantined – even if the business remains open
- You are caring for a sick family member
- You are afraid to go to work due to social distancing protocols
- Your employer must shut down due to quarantine
- You employer stays open when urged to close for public health
- You are a first responder under quarantine
You may or may not qualify for Employer Paid Sick Leave if:
- You are immunocompromised and advised to self-quarantine
- You are afraid of gathering in groups and do not want to go to work (self-distancing)
- Your employer shuts down due to a business slowdown or lack of demand
You cannot qualify for Employer Paid Sick Leave if:
- Your employer reduces available hours due to business slowdown or lack of demand
Click here for a guide from the Oregon Bureau of Labor and Industries to sick leave.
Unemployment Insurance:
Unemployment insurance (UI) is also called unemployment benefits. There are many different reasons to file for unemployment insurance in Oregon. Click here to file a claim for Unemployment Insurance. Information for parts of this section were taken from this helpful reference guide to sick leave and benefits from the Oregon Employment Department.
The Oregon Employment Department is experiencing a large and growing number of applications. If you have applied or tried to apply and have not heard back, please continue attempting to contact the Employment Department. Waiting periods may still be in effect during the COVID-19 emergency. There are enough funds to assist everyone who needs UI, so please apply for benefits if you need them.
The recent CARES act expanded available benefits; along with the State of Oregon Employment Department and many others, we are trying to provide guidance on these benefits as new guidelines and protocols are developed. Here is what we know so far, plus here is a one pager on the unemployment expansion compiled by Senator Jeff Merkley’s office.
Unemployment Insurance benefits are available if:
- You are mildly ill with COVID-19
- If you are hospitalized with COVID-19 your claim will need to be reviewed to determine whether you will get benefits.
- You were exposed and quarantined – even if the business remains open
- You are caring for a sick family member
- Schools are closed because of COVID-19 and you do not have child care
- You are immunocompromised and are advised to self-quarantine
- You are afraid of gathering in groups and do not want to go to work (self-distancing)
- You are allowed to work from home but do not want to work offsite
- Your employer must shut down due to quarantine
- Your employer shuts down due to a business slowdown or lack of demand
- Your employer reduces available hours due to business slowdown or lack of demand
- You are a first responder under quarantine
- Your employer goes out of business as a result of COVID-19
- Click here to file a claim for Unemployment Insurance
Unemployment Insurance benefits may or may not be available if:
- You are severely ill with COVID-19
- You employer stays open when urged to close for public health
Temporary Closures:
You may be one of many employees whose employer has temporarily shut down for public health. Unemployment Insurance benefits may be available if your employer shuts down for a short period of time. You can file for Unemployment Insurance benefits if:
- You are still able to work
- You are still able to work if you are home sick with COVID-19 or other flu-like symptoms
- You are still able to work if you are quarantined but not sick
- You stay in contact with your employer
- You are available to work when your employer calls you back
- Click here to file a claim for Unemployment Insurance
Exposure:
If you caught COVID-19 at your workplace, contact the Worker’s Compensation Division of the Department of Consumer and Business Services to file a Worker’s Compensation Claim. Call (800) 452 0288 or (503) 947 7840 or email workcomp.questions@oregon.gov if you have additional questions.
Worker’s Compensation claims requires workers, employers, and healthcare professionals to fill out forms in a timely manner. Please familiarize yourself with the requirements below:
- You must inform your employer of your illness right away.
- To file a claim, ask your employer for Form 801 or click here to download the form and learn more about Worker’s Compensation claims.
- You employer must turn Form 801 into the insurer within five days of being notified of your injury.
- If you go to your doctor for COVID-19, inform your doctor that you caught it at your workplace.
- You and your doctor need to complete Oregon Form 827. Click here to download the form.
- To determine your eligibility for additional time-loss benefits, you must notify the insurer of your secondary job(s) within 30 days of the insurer’s receipt of the initial claim.
- The insurer has 60 days from the day you file the 801 claim form with your employer to accept or deny your claim.
- If your claim is accepted, the insurer will send a Notice of Acceptance listing the medical conditions accepted.
- If your claim is denied, the insurer will send you a letter explaining why it was denied and what your appeal rights are.
SAIF Corporation Assistance:
If your business is located in Oregon and has a workers compensation policy through SAIF there is a $10 million Coronavirus worker safety fund that SAIF has created to help cover some of the COVID-19 related costs and to prevent the spread of COVID-19 in the workplace.
It’s designed to promote employee safety, reduce injuries, and decrease exposures by helping SAIF policyholders impacted by the coronavirus.
The fund will help pay for expenses tied to preventing the spread of coronavirus at businesses or mitigating other coronavirus-related costs.
Funds may be approved for costs such as:
- Safety equipment and personal protective equipment (PPE) to reduce exposure and transmission
- Worksite cleaning services and supplies for disinfection
- Worksite redesign or modification to respond to transmission risk
- Employee clinic modification or additional staffing for virus-related treatment
- Mental health and wellness initiatives for concerns linked to the crisis
- Coronavirus and job reassignment safety training and communication
- Reopening businesses safely after coronavirus closure
Ineligible expenses include home workstation equipment and regular staffing expenses. Use of the safety fund will not impact your workers’ compensation premiums.