OAR 839-020-0052: Leave for Domestic Workers

(1)(a) An employer who employs a domestic worker shall provide the domestic worker with a rest period of at least 24 consecutive hours in each work week. (b) A domestic worker may agree to work on the designated day of rest, if all of the following conditions are met: (A) The domestic worker’s agreement is given voluntarily; and, (B) The agreement is in writing, in a language easily understood by the domestic worker; is made prior to the performance of services on the designated day of rest and specifies the particular day of rest on which the domestic worker agrees to work; and is signed or acknowledged by the domestic worker and the employer. (c) When a domestic worker works on a designated day of rest, the employer shall pay all hours worked at one and one-half times the employee’s base rate regardless of the total number of hours worked in that work week. (2)(a) An employer who employs a domestic worker shall provide the domestic worker not less than three paid personal days off each year if the domestic worker worked an average of at least 30 hours per work week during the previous year. For purposes of this subsection, a year includes any consecutive 12-month period, such as a calendar year, a tax year, a fiscal year, a contract year or the 12-month period beginning on the anniversary of the date of employment of the domestic worker. (b) Paid personal days off shall be compensated at the domestic worker’s base rate and for the average number of hours that the domestic worker works during a typical workday. For example, if a domestic worker typically works 30 hours per week during a five-day work week, the domestic worker must be paid for six hours at the base rate of pay for each personal day off. (c) Any accrued but unused personal days off shall be paid upon termination in accordance with the requirements for final wages in ORS 652.140. (3) An employer who employs a domestic worker shall allow the employee to accrue up to 40 hours of sick time as authorized by OL Ch. 537, 2015 and OAR chapter 839, division 7.