Details of the proposed
Portland sick leave ordinance:
• Workers could carry over unused sick leave to subsequent years.
• Workers could use the sick leave on the first day of an illness. [For union-
ized grocery workers, that would be a major advance: Under the current union
contract between United Food and Commercial Workers Local 555 and Port-
land-area Fred Meyer Safeway and Albertsons stores, workers have a paid sick
leave benefit, but aren’t allowed to use it until the third day of an illness.]
• Employers could not require workers to find a replacement worker as a
condition of using the sick leave.
• Employers that offer at least 40 hours a year of general purpose paid time
off would not have to provide additional specially-designated sick leave, as long
as the paid time off could be used in the same way as the mandated sick leave.
• Workers could choose to work an alternate shift in the same or next pay pe-
riod in lieu of using sick time — if the employer offers or allows such a trade.
• For absences of more than three consecutive days, employers could require
proof that the sick leave was used for a legitimate purpose, such as signed doc-
umentation by a licensed health care provider. Other than that, employers may
require workers to document illnesses with a note from a licensed health care
provider — but only if they suspect sick leave abuse, based on a documented
pattern (such as frequent sick leave absences before or after weekends, holi-
days, or vacation). But if employers require such proof, they would have to pay
the cost of any verification that isn’t covered by insurance.
• The ordinance would not cover workers employed through a union hiring
hall, or temporary workers — those employed less than 240 hours (the equiv-
alent of six weeks at full-time) in a calendar year. It also would not cover in-
dependent contractors or those who are participating in a work-study program.
• The City would contract with the Oregon State Bureau of Labor and In-
dustries to enforce the regulation.
FEBRUARY 1, 2013
NORTHWEST LABOR PRESS
PAGE 3