Portland Releases New Paid Sick Leave Poster
Author: Marta Moakley, XpertHR Legal Editor
December 13, 2013
The City of Portland has released a new poster in conjunction with its Protected Sick Time Ordinance, which goes into effect January 1, 2014. Portland employers should note that the applicable poster requirement is in addition to other notice obligations included in and enforceable under the sick leave ordinance.
The City Attorney's Office has published the Final Administrative Rules implementing the sick leave ordinance. Under the Rules, employers must provide their existing employees with notice of their entitlement to sick time no later than the first day of the first pay period in 2014. Employers must provide notice to new employees by the end of their first pay period.
An employer must post the sick leave poster in areas accessible to employees in each of its buildings and worksites. The poster should be posted in English as well as any other languages used to communicate in the workplace. A template for compliance with employee notification requirements is also available in Spanish from the City's website.
The ordinance is enforced by the Oregon Bureau of Labor and Industries (BOLI). Failure to comply with provisions of the ordinance may result in a civil penalty equal to three times the dollar amount of sick time the employee was refused, or $250, whichever is greater. No penalty will be assessed if an employer fails to provide and post notice due to an excusable mistake or circumstances over which the employer had no control. However, lack of knowledge of the ordinance does not qualify as excusable under the law.
The Final Administrative Rules also explicitly grant a private right of action for damages and other court-awarded remedies. Therefore, an employer should address any existing applicable work rules and attendance or benefits policies to ensure that it is fully compliant with the requirements of the Sick Time Ordinance. In addition, supervisors, administrators and payroll personnel should be trained on the specifics of the sick time requirements, including any recordkeeping requirements.
The City of Portland and the BOLI are offering training and technical assistance as follows:
- Wednesday, December 18, 2013, 1:00 PM to 3:00 PM, Portland Oregon State Building, 800 NE Oregon Street, Room 1A; and
- Friday, January 3, 2014, 10:00 AM to Noon, Portland Building, 1120 SW 5th Avenue, Second Floor Auditorium.