Query: The world the place our enterprise is situated is beneath a degree 3 (go now, shut the enterprise) evacuation order from the county’s fireplace division as a consequence of wildfire hazard. Can staff use their paid sick go away whereas we’re closed?
Reply: For those who’re situated in Oregon or Washington, then sure, staff are allowed to make use of any accessible paid sick go away beneath state legislation to cowl work hours missed when you’re closed on this state of affairs. The paid sick go away legal guidelines in these states permit day off for public well being emergencies, together with evacuation orders (amongst different causes).
- Oregon Sick Time could also be used for any public well being emergency. The Oregon sick time laws include a listing of examples, two of which exclude first responders however could also be related in a wildfire situation. One instance is when an emergency evacuation order of degree 2 (set) or degree 3 (go) impacts your small business location or the worker’s house. A second instance is poor air high quality. Even when your small business wasn’t ordered to shut, poor air high quality as a consequence of wildfires may entitle staff to make use of their Oregon sick time. Protected sick time features a “willpower by a public official with the authority to take action that the air high quality index or warmth index are at a degree the place continued publicity to such ranges would jeopardize the well being of the worker.” For added examples of protected sick time as a consequence of a public well being emergency, see the Oregon laws at OAR 839-007-0020(6).
- Washington Paid Sick Go away could also be used when your small business has been closed by order of a public official for any health-related motive, which incorporates any critical public well being concern that would lead to bodily damage or publicity to an infectious or hazardous substance (besides inclement climate). As of January 1, 2025, language shall be added to this legislation to make clear that paid sick go away can be utilized when there’s a declaration of emergency by a neighborhood or state company, or native, state, or federal authorities (see RCW 49.46.210 (1)(b)(iii) and WAC 296-128-600 (11)).
Be sure you let your staff know their paid sick go away is on the market for them to make use of in any of those tough circumstances. For extra data on state sick go away legal guidelines, see our Authorized Information, Paid Sick Go away Legal guidelines: California, Oregon, Washington and Federal, and our Mannequin Insurance policies, Oregon Sick Go away Coverage and Washington Paid Sick Go away Coverage.
Vigilant helps employers navigate advanced employment points together with go away legal guidelines in Oregon, Washington, California, Idaho and Montana. Study membership with Vigilant right now and how one can proactively deal with dangers.
