OAR 839-007-0010: Determining the Number of Sick Time Hours Accrued for Employees for Whom Recording Hours Worked is not Required

(1) For purposes of determining the number of sick time hours accrued by an employee for whom recording the number of hours worked is not otherwise required by state and federal law, an employer may establish a reasonable method of calculating the number of hours worked by the employee. (2) Except as provided in section (3) of this rule, a reasonable method for determining the number of hours worked by an employee for whom recording the number of hours worked is not otherwise required by state and federal law includes: (a) The number of hours in a work schedule agreed upon by the employer and the employee; (b) Billing hours; or (c) Any other established practice which provides a reasonable approximation of the hours actually worked by the employee. (3) An employee engaged in administrative, executive, professional, or outside sales work who is exempt from the minimum wage and overtime requirements is presumed to work 40 hours in each workweek unless the actual number of work hours is regularly less than 40, in which case the number of sick time hours will accrue on the basis of actual hours worked.