HR: Substitute Staff Sick Leave

Head Start of Lane County provides substitute employees with paid sick leave per the Oregon State Sick Leave regulations OAR 839; Division 7; Oregon Sick Time.

1. As of 01/01/2016, substitute employees are eligible for sick leave accrual starting with their first day of employment, on, or after, 01/01/2016.

1. Substitute employees will accrue sick leave at a rate of one hour for every 30 hours worked, on, or after, 01/01/2016. The maximum sick leave accrual per substitute employee is 40 hours per program year, not to exceed 40 hours total in sick leave bank.

1. All substitute staff will have the right to use their accrued sick leave beginning on or after their 91st calendar day of employment. An employee may use sick time for a previously scheduled shift, for the following reasons:
   1. The employee’s own physical or mental illness, injury, or health condition; need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or need for preventative care.
   2. To care for a *Family Member with a physical or mental illness, injury, or health condition; need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or need for preventative care for a *Family Member, as defined by FMLA/OFLA.
   3. To care for a child of the employee who is suffering from an illness, injury or condition that is NOT serious a health condition as defined in OAR 839-009-0210(20), but, does require home care.
   4. For any purpose covered under the Oregon Family Leave Act as specified in ORS 659A.150-659A.186.
   5. For any purpose covered under ORS 659A.272 relating to protection from domestic violence, harassment, sexual assault, or stalking.
   6. In the event of a public health emergency that affects employee’s ability to work.

1. Substitute employees may be paid for sick leave if they are unable to work a previously scheduled shift, due to any of the reasons mentioned above under “Usage”.
2. The substitute employee should notify the Regional Manager, Assistant Regional Manager or Regional Assistant who scheduled the day in question, as soon as possible.
3. If unable to reach the person’s listed above, a message (preferably, a text message) should be left with the Data Monitoring and Professional Development Manager. The phone numbers for the staff listed above will be provided to substitute staff. It is expected that substitute staff will keep a copy of these phone numbers and will have them readily accessible in the event the employee needs to call in sick.
4. The Data Monitoring and Professional Development Manager will check for messages each workday morning.

1. Employees who are absent for more than three consecutive work days will be required to provide Human Resources with medical certification from a health care provider within 15 days of the days missed, in order to be paid sick time.

1. Substitute employees may use sick leave in no less than one hour increments and only for previously scheduled work hours. All substitute employees of Head Start of Lane County will receive training to record sick time in EWS. It is the responsibility of the individual employee to request the Data Monitoring and Professional Development Manager to enter sick time if an employee is not expected to return before payroll is due.

1. Unused sick leave will not be paid out at time of separation of employment. If an employee is reinstated within 180 days of separation, their previous unused sick leave balance will be restored.

*Family Member as defined by the Oregon Family Medical Leave Act. A copy of the Family Leave Posters are displayed at each Head Start of Lane County site.

Policy Council approved February 2016

Reviewed: December 2020