Portland, OR asked in Employment Law for Oregon

Q: How does carrying over accrued sick time work in Oregon?

I am confused about how carrying over my accrued sick time is supposed to work. At the end of 2018 I had 23 hours of accrued sick time I did not use that then carried over to 2019. In 2019 I accrued an additional 45 hours- bringing my total accrued hours to 68. I used 40. Does the remaining 28 just go away then? I'm bothered because my understanding is that unless front-loaded, my employer must carry over any unused accrued hours. I realize I am only allowed to use 40, but thought I could accrue up to 80 over the course of 2 years. Is it legal for my employer to discard my hours that had carried over from the previous year and start this year with 0?

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1 Lawyer Answer
Gabriel A Watson
Gabriel A Watson
  • Portland, OR
  • Licensed in Oregon

A: The answer to this question will depend on a number of factors. I would begin by looking at the policies in your employee manual or employment contract (if you have one). Often accruals, and the amount that an employee is allowed to carry over from one year to the next, are bargained for. However, just because a policy is in a contract or agreement doesn't necessarily mean the policy is legal.

By speaking to an employment attorney and discussing the specifics of your situation you will be able to determine what options are best suited to your situation.


Mr. Michael O. Stevens agrees with this answer

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