Being fired, written up, or threatened for taking sick time you’ve earned can feel shocking and unfair. Oregon law gives most employees the right to use protected sick time for their own health needs and to care for certain family members. When an employer punishes you for using that time, it may be unlawful retaliation or wrongful termination.
At Meyer Employment Law, we represent Oregon employees — not employers. Our practice focuses on helping workers who have been fired, demoted, or otherwise mistreated for exercising their legal rights, including using sick leave and other protected time off. If you believe your employer crossed the line when you called in sick, it may be time to talk with an experienced employment lawyer.
Oregon’s sick time law, along with other state and federal protections, can be complex. You don’t have to figure it out alone. Understanding how these rules apply to your situation is the first step toward deciding what to do next.
Oregon’s Sick Leave Law
In Oregon, the law requires that all employers provide sick leave to their employees. Depending on the size of the business, this sick leave may be paid or unpaid:
- Employers with 10 or more employees (or six or more in Portland) must provide paid sick leave.
- Employers with fewer than 10 employees (fewer than six in Portland) must provide unpaid sick leave.
Employees earn at least one hour of sick leave for every 30 hours worked, up to a minimum of 40 hours per year. This leave can be used for several reasons, including dealing with a personal illness, caring for a family member who is ill, or any purpose allowed under Oregon’s domestic violence leave act.
These rules are a part of the broader Oregon Sick Time Law, which was passed to ensure that all workers in the state have access to sick leave, helping them take care of their health needs without fear of losing income or employment.
For precise legal texts and further information, the Oregon Bureau of Labor and Industries (BOLI) provides comprehensive resources and guidelines on how these laws are to be implemented by employers. Their documentation would serve as the primary reference for these provisions.
When is Termination Related to Sick Leave Unlawful?
Terminating an employee for legitimately using sick leave is generally unlawful in Oregon. Here’s when a termination might be considered unlawful under state law:
- Retaliation for Sick Leave Use: If an employee is fired after taking sick leave that they legally earned, this may be viewed as retaliatory, especially if the termination occurs shortly after the leave was taken. This is unlawful under Oregon law.
- Disability Discrimination: If sick leave is used for a serious health condition that qualifies as a disability, the termination could also constitute disability discrimination. Employers are required to provide reasonable accommodations for disabled employees, which might include allowing them to use their entitled sick leave.
- Violation of Family and Medical Leave Act (FMLA): For employers covered under FMLA, terminating an employee for using leave for a qualifying reason may also violate federal laws, which protect leave for personal or family illness.
What Employees Can Do
If you believe you’ve been unlawfully terminated due to the use of sick leave or wrongful termination after maternity leave, there are several steps you should consider:
- Document Everything: Keep detailed records of your sick leave requests, any related correspondence with your employer, and any comments made by your employer regarding your leave.
- Review Company Policy: Ensure that your use of sick leave was in accordance with company policy and the law.
- Seek Legal Advice: Consult with an employment law attorney to discuss your situation and explore your legal options.
What Employers Should Remember
To avoid unlawful terminations and potential litigation:
- Understand the Law: Ensure that your company’s policies comply with Oregon’s sick leave laws and the FMLA.
- Train Management: Educate your supervisors and HR personnel on the proper handling of sick leave and the legal protections for employees.
- Maintain Fair Policies: Apply your sick leave and termination policies consistently and fairly to all employees.
Frequently Asked Questions About Sick Leave and Termination in Oregon
Question: Can my employer fire me for using sick leave in Oregon?
Answer: In many situations, no. If you have accrued sick time under Oregon’s sick time law and use it for a covered reason, your employer generally cannot lawfully fire, discipline, or retaliate against you for that use. However, every case depends on its specific facts, including the employer’s stated reason for the decision and how they have treated other employees.
Question: What counts as “protected” sick leave in Oregon?
Answer: Protected sick leave usually includes time you use for your own illness, injury, or medical appointments, as well as certain family-related health needs and safety-related reasons such as domestic violence leave. Whether the time is paid or unpaid can depend on the size of your employer, but the protection against retaliation often applies either way if the leave meets the legal requirements.
Question: What if my employer says I abused the sick leave policy?
Answer: Employers can set and enforce reasonable attendance and call-in rules, and they are allowed to address genuine abuse of sick time. But they cannot use “abuse” as a pretext to punish you for legitimately using protected leave. If the rules were not clearly communicated, enforced consistently, or applied fairly in your case, that may be a red flag.
Question: Does it matter if I am part-time or work for a small business?
Answer: Most employees in Oregon, including part-time workers, are covered by the state’s sick time law, although the rules about whether sick time is paid or unpaid can depend on the size of the employer. Even if your sick time is unpaid, firing or disciplining you for using protected sick leave may still be unlawful retaliation.
Question: What if I was still in my probationary period when I was fired?
Answer: Employers often claim they can do whatever they want during a probationary period, but they still cannot fire you for illegal reasons. Using protected sick leave, reporting health or safety concerns, or asserting certain legal rights can be protected activities even if you are a new employee. The timing of the termination and the reasons given by your employer can be important.
Question: How do I prove I was fired for using sick leave?
Answer: Direct evidence is rare, but there are other ways to show what really happened. Helpful evidence can include the timing of your termination, attendance records, emails or text messages, performance reviews, policy documents, and how other employees were treated in similar situations. An employment lawyer can help you evaluate whether the facts support a claim.
Question: What should I do if I think I was fired for using sick leave?
Answer: Start by writing down a timeline of what happened, including dates of your sick leave, conversations with supervisors or HR, and the events leading up to your termination or discipline. Save relevant texts, emails, and policy documents. Then consider speaking with an Oregon employment lawyer as soon as possible so you can understand your options and any deadlines that may apply.
Question: Can I get my job back or recover money if my rights were violated?
Answer: Potential remedies in a successful case can include lost wages and benefits, compensation for emotional distress in some situations, and in certain cases reinstatement to your job. The specific options depend on which laws apply and the facts of your situation. Talking with an attorney can help you get a clearer picture of what might be available in your case.
Think You Were Punished for Using Sick Leave in Oregon?
If you were fired, written up, reassigned, or otherwise treated worse soon after using sick leave, it is understandable to feel confused and overwhelmed. You may be wondering whether your employer was allowed to do what they did, or whether you have any recourse at all.
Meyer Employment Law is an Oregon employment law firm that represents employees across the state in wrongful termination, retaliation, discrimination, and leave-related cases. We take the time to listen to your story, review the documents, and explain how Oregon’s sick time protections and other employment laws may apply to your situation.
You do not have to sort this out on your own. The sooner you get legal advice, the easier it can be to preserve important evidence and protect your rights.
If you believe you were punished for using sick leave in Oregon, contact Meyer Employment Law for a confidential consultation. We can help you understand your options and decide on the next steps that make sense for you.
