BOLI clarifies the obligations to temporary and leased employees under State Sick Time in permanent rules.

rebecca_watkinsBOLI 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.

The final rules can be accessed on BOLI’s website: http://www.oregon.gov/boli/pages/legal/h_notices.aspx

BOLI has also posted FAQS about Oregon Sick Time and a notice employers can use to comply with the general notice requirement under the new law:

https://www.google.com/url?q=http://www.oregon.gov/boli/WHD/OST/Documents/Sick-Time-Poster.pdf&sa=U&ved=0ahUKEwjLj5mrhtLJAhVDwGMKHTWhAi0QFggHMAE&client=internal-uds-cse&usg=AFQjCNHnUWQHEovJuekhI7GD1vSkG4YRFw

If you have any questions regarding the new rules or other employment law issues you can contact me at rwatkins@sbhlegal.com