BOLI clarifies the obligations to temporary and leased employees under State Sick Time in permanent rules.
BOLI has now issued final rules on the Oregon Sick Time law going into effect January 1, 2016. The final rules reflect clarifications requested by employers, specifically as relates to temporary employees and Professional Employer Organizations (PEOs). The initial rules suggested that in these types of staffing situations, both employers would be required to provide sick time, notices, and continuation of health benefits during sick time leave. The final rules dictate that “in joint employment relationships, the primary employer is responsible for giving required notices to its employees, providing sick time leave and other leave and maintenance of health benefits.”
In a PEO joint employment relationship, the primary employer is usually the client employer. In a temporary employment situation, the temporary agency will usually be the primary employer. The final rules also address when a PEO may be considered a joint employer, relying largely on when PEOs are joint employers under federal laws.