Client: I’ve got an employee who keeps coming to work sick. They say they don’t want to use their leave, but it’s putting the rest of the team at risk. What do I do?
Consultant: This is a tricky and important one. First, in Oregon, you’re required to provide sick time—up to 40 hours per year. If you have 10 or more employees (or six or more in Portland), that time has to be paid. Employees are entitled to use it when they’re sick, and you can’t retaliate against them for doing so.
Client: So, if they don’t want to use their sick time, I can’t make them stay home?
Consultant: You actually can send them home if they’re visibly ill and potentially contagious. Safety of the workplace is a legitimate concern. The difference is you can’t punish them for using sick leave, and you need to follow your policy for when leave is paid or unpaid. In Oregon, sick leave must be protected, and employees must be allowed to use it for their own illness, caring for family, or even public health emergencies.
Client: What about other states? I’ve got staff outside Oregon too.
Consultant: Good point. State laws vary widely. For example:
- Washington also requires paid sick leave for all employees, with no minimum company size.
- California recently expanded its sick leave law to at least 40 hours, and some cities require more.
- Idaho doesn’t mandate paid sick leave at all—it’s up to the employer’s policy.
This means if you’re multistate, you need to align with the most generous requirement in each location or create a universal policy that meets all of them.
Client: So, what do I say to the employee who insists on coming in?
Consultant: Keep it direct and policy-based, not personal.
Try this:
“I appreciate your dedication in wanting to be here, and at the same time, working while sick puts others at risk. Our policy requires you to use sick leave when you’re ill. Let’s make sure you take the time you need to recover.”
Client: What if they say they can’t afford to take time off?
Consultant: That’s common. Remind them that in Oregon, their sick time is protected and—depending on your size—paid. If they’ve used all their sick leave, you can explore options like vacation, PTO, or even unpaid leave. Some organizations also allow remote work if the employee is well enough to perform duties but contagious.
Client: And if they keep ignoring the policy?
Consultant: Then it shifts from being a health concern to a performance or policy compliance issue. Document your conversations, remind them of their obligations, and if needed, move into corrective action. Just be sure to separate your enforcement of workplace safety from any perception that you’re penalizing them for being sick, which could be viewed as retaliation.
Client: So, the key is to balance compliance with state laws, protect the workplace, and set clear expectations?
Consultant: Exactly. Reinforce that sick leave exists for a reason, apply your policy consistently, and always check state-specific requirements. It protects your team’s health and keeps your organization on the right side of the law.
And if you ever need help aligning policies across multiple states, clarifying your sick leave procedures, or structuring those not-so-fun conversations, we’re here to support you.
