Oregon sick leave
With the exception of work-study students, all employees, including part-time faculty, casuals, and student employees, who have a balance of sick leave accrued under Oregon’s sick leave law may use it during this period, provided they were scheduled to work and are either:
- Unable to telecommute (because work is not available);
- Unable to telecommute due to illness, a COVID-19-related absence; or
- Unable to telecommute because they need to care for their child because of a school or child care closure due to a public health emergency.
However, sick leave may not be used for a period that the school or daycare would otherwise be closed, such as Spring break.
Under Oregon sick leave, employees earn 1 hour of protected sick time for every 30 hours worked and they can use the time after having worked for the employer for at least 90 days. Employees may check their leave balances in MyPCC. More information about Oregon Sick Leave may be found on the BOLI website.
E-PSL (paid sick leave for COVID-19 absences)
An employee who is unable to work or telework due to a qualifying reason will be eligible to use paid leave as described below. This leave is in addition to other paid leave that employees may accrue. All employees are eligible, except for health care providers or emergency responders.
- Quarantine: To comply with a federal, Oregon, or local quarantine or isolation order related to COVID-19. This does not include situations where a city or county orders its residents to “shelter in place” unless it prevents the employee from working or teleworking.
- Self-quarantine: To self-quarantine, if the employee has been advised to do so by a local healthcare provider.
- Diagnosis or treatment: To obtain a medical diagnosis or treatment if the employee is experiencing symptoms of COVID-19.
- Care for a quarantined individual: To care for an individual required to be quarantined or advised to be quarantined.
- Child care: To care for an employee’s child if the child’s school or child care provider has been closed or is unavailable due to COVID-19-related issues.
- Substantially similar care: To care for a substantially similar condition, as determined by the United States Secretary of Health and Human Services.
Child means “son or daughter” – for purposes of this paid sick leave, a “son or daughter” is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age or is 18 years of age or older and “incapable of self-care because of a mental or physical disability” at the time FMLA leave is to commence.
Salary caps on E-PSL
Leave is paid at the employee’s regular rate of pay, capped at $511 per day, for a maximum of $5,110 for these qualifying reasons:
- Diagnosis or treatment
Leave is paid at two-thirds of the employee’s regular rate of pay, capped at $200 per day, for a maximum of $2,000 for these qualifying reasons:
- Care for a quarantined individual
- Child care
- Substantially similar care
Employees who receive E-PSL may supplement this pay with accrued sick leave or vacation time to meet their full salary expectations, but they will not be paid from both E-PSL and vacation or sick leave for the same hours.
Accrual of and requesting E-PSL
Eligible full-time employees will receive 80 hours of E-PSL. The number of hours of E-PSL available to part-time employees depends on the number of hours the employee is scheduled to work during a two-week period and may be calculated using the average number of hours worked in the six months leading up to the leave’s start. As an example, if a part-time employee works, on average, 20 hours per week, the employee would be entitled to 40 hours of E-PSL.
Any unused E-PSL will not carry over into 2021. Employees will not be paid the value of any unused E-PSL upon termination.
Employees must follow PCC’s normal practices for reporting the use of leave.
Verification of the need for E-PSL
Employees will be expected to provide verification as follows:
- Quarantine: A copy of the order from a federal, Oregon, or local government entity requiring quarantine or isolation relating to COVID-19. This order must include the Employee’s name or other identifying information sufficient to allow PCC to conclude that the order applies to a particular employee.
- Self-quarantine: Written verification of the need to self-quarantine from the employee’s healthcare provider.
- Diagnosis or treatment: Written verification of the employee’s effort to receive a medical diagnosis for COVID-19 or treatment if the employee is experiencing symptoms of COVID-19.
- Care for a quarantined individual: A copy of the order or other documentation from a federal, Oregon, or local government regarding the individual’s requirement to be quarantined that includes the individual’s name or written verification of the need to quarantine from the individual’s health care provider.
- Child care: No verification required for school closures due to COVID-19 issues if evidence of closure is publicly available. Written verification from the child care provider about their unavailability to provide child care due to COVID-19-related issues.
- Substantially similar care: Written verification of the employee’s need to stay home from work from the employee’s health care provider.
E-FMLA and OFLA (for child care due to a public health emergency)
Employees who have met the eligibility requirements below are eligible to receive paid time off under E-FMLA or OFLA if they are unable to work (or telework) due to a need to care for a child if the school or child care provider is unavailable, due to a public health emergency.
- Child means “son or daughter”
- For purposes of FMLA leave, a “son or daughter” is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age or is 18 years of age or older and “incapable of self-care because of a mental or physical disability” at the time FMLA leave is to commence.
- For purposes of OFLA, “child” includes a biological, adopted, foster, stepchild, the child of a registered same-sex domestic partner, or a child with whom the employee is in a relationship of in loco parentis. For purposes of OFLA, the “son or daughter” must be under the age of 18 or an adult-dependent child substantially limited by a physical or mental impairment.
- “Place of care” means a provider who receives compensation for providing child care services regularly.
- “School” means elementary or secondary school. Community college, university, college, or other post-secondary schools are not included.
- E-FMLA: Employees who have worked in the 30 calendar days leading up to the start of the leave, including an employee who was laid off on or after March 1, 2020, and who had worked for the College for not less than 30 of the last 60 calendar days before the layoff and was rehired.
- OFLA: Employees who have been employed for at least 180 days and worked an average of at least 25 hours per week leading up to the start of the leave.
Length of leave
- E-FMLA: Up to 12 weeks of leave, to be taken any time during the period of April 1, 2020, and December 31, 2020.
- OFLA: Up to 12 weeks of unpaid leave, to be taken any time during the period of March 18, 2020, to September 13, 2020.
E-FMLA and OFLA taken for childcare purposes will run concurrently with other FMLA/OFLA leaves and other applicable leaves. PCC will apply the law that is most generous to the employee if leaves run concurrently.
Employees who have already exhausted their 12 weeks of FMLA/OFLA in the 12-month period may not be eligible to take an additional 12 weeks of school closure leave, depending on the employee’s eligibility under FMLA and OFLA.
Notice and verification
- E-FMLA: Where the necessity for public health emergency leave is foreseeable, an employee shall provide the employer with as much notice as practicable.
- OFLA: Employees must provide at least 30 days’ notice before school closure leave is to begin if the reason for leave is foreseeable. If 30 days’ notice is not foreseeable or practical, an employee must give verbal or written notice to PCC within 24 hours of commencement of the leave.
Under both laws’ school closure leave, no verification is required for school closures due to a public health emergency if evidence of closure is publicly available. Written verification from the “place of care” about the unavailability to provide child care due to a public health emergency is required.
Benefits during leave
- E-FMLA: The first ten days of leave are unpaid; employees may, however, use E-PSL described above, or any other accrued paid leave during this period. After the first ten days of E-FMLA, and for each day thereafter, leave will be paid calculated at two-thirds of an employee’s regular rate of pay and the number of hours the employee would otherwise be normally be scheduled to work. Paid leave will not exceed $200 per day or $10,000 in the aggregate. Employees who receive E-FMLA may supplement their pay with E-PSL described above or accrued sick leave or vacation time under PCC policies, to meet their full salary, but they will not be paid from E-FMLA, EPSL, or PCC sick or vacation time for the same hours.
- OFLA: Leave is unpaid. Employees may, however, use any accrued paid leave during the period of OFLA leave due to childcare due to a public health emergency.
If an employee is on approved leave E-FMLA or OFLA, PCC will continue their health coverage on the same terms as if the employee had continued to work, with the employee remaining responsible for their share of premiums. Employees will not accrue vacation, sick leave, or other benefits (other than health insurance) while the employee is on a school closure leave. The leave period, however, will be treated as continuous service (i.e., no break in service) for purposes of vesting and eligibility to participate in PCC benefit plans.