Calling in sick should not put your job at risk. Oregon law gives most employees protected leave for specific health, family and safety reasons. If your employer penalizes you for using those hours, the timing may raise concerns about unlawful retaliation.
How Oregon law protects you
State law recognizes several qualifying reasons for using sick time, including:
- Your own mental or physical health needs
- Medical appointments or preventive care
- Care for a covered family member (including extended family)
- Needs related to domestic violence, harassment or stalking
- Certain public health emergencies
These requirements apply to most Oregon employers. Businesses with 10 or more employees must generally provide paid protected leave. If the business has a Portland location, that requirement applies once it has six or more employees. Smaller workplaces must still provide protected leave, but it may be unpaid.
Generally, you earn 1 hour for every 30 worked, though a workplace may “front-load” 40 hours at the start of the year. The law allows limits on annual use and a 90-day waiting period for new hires.
When discipline may become retaliation
Although Oregon remains an at-will employment state, a company cannot punish you because you requested or used covered leave, even if it may still terminate employment for unrelated performance or business reasons.
Retaliation can involve more than termination. A company may also cross the line by demoting you, cutting your hours, changing your schedule or counting protected sick time against you under an attendance or absence-control policy.
What you should save
If your firing occurred soon after a leave request, documentation may help clarify whether the decision was connected to your protected activity. Start gathering records such as:
- Accrued leave balances and pay stubs
- Schedules and termination paperwork
- Text messages, emails and write-ups
- A timeline of your request and the employer’s response
You may also file an administrative complaint with the Oregon Bureau of Labor and Industries if you believe your employer violated your sick time rights.
A firing after protected leave does not always prove retaliation. However, if the facts of your situation do not line up with your employer’s explanation, legal guidance may help you understand your next step.