Oregon Sick Time Wages, Vacation Wages, & PTO Wages
If you’re an employee in Oregon, your time off—whether it’s for illness, vacation, or general paid time off (PTO)—may have real monetary value. When an employer withholds pay for accrued time off or fails to comply with Oregon’s paid sick time laws, you could be entitled to recover unpaid wages.
At Schuck Law, we represent workers across Oregon who haven’t received the wages they earned, including compensation for sick time, vacation pay, and PTO. Whether you’re leaving a job or still employed, we help employees enforce their rights under Oregon wage and hour laws.
Sick Leave: Oregon Law Requirements
Oregon law requires that employees earn protected sick time (or equivalent PTO) that accrues at a rate of 1 hour for every 30 hours worked. Oregon sick time is paid time only if the employer has more than 10 employees in the state, or 6 employees in Portland. If the employer doesn’t have at least the required number of employees, then the sick time is still protected, but unpaid.
Oregon employees are entitled to accrue and use sick time even if they aren’t full-time or permanent workers. While employers can require employees to wait at least 90 days from the start of employment to use their sick time, use of sick time is protected in Oregon.
Vacation Time and Paid Time Off: Oregon Law Requirements
Unlike sick time, Oregon law doesn’t require employers to offer vacation time or PTO. But if your employer does offer it—whether through a formal policy, employment contract, or consistent past practice—it becomes a form of earned wages.
That means:
- You may be entitled to payment for unused vacation or PTO when your job ends.
- If your employer has a “use it or lose it” policy, it must be clearly stated in writing and enforced consistently.
- If you’re denied your final paycheck including unused time off, you may be able to recover penalty wages under Oregon law.
You Have Options
If your Oregon employer has refused to pay you for accrued vacation or PTO, even after you’ve left your job, don’t assume you’re out of options. Oregon employees have strong legal protections when it comes to final pay and wage disputes. Speaking with an experienced vacation pay lawyer or PTO attorney can help you understand your rights and next steps.
Call 360-566-9243 to find out if the employment attorneys at Schuck Law can help you and to set up a free phone consultation.
Frequently Asked Questions about Sick Leave, Vacation Time and PTO
Do Oregon employers have to pay out unused sick leave when I quit?
No. Employers in Oregon are not legally required to pay out unused sick leave, vacation or PTO wages at the end of employment, unless the employer has a policy or practice to pay out those wages. That means accrued and unused time off is typically forfeited when you leave your job unless your employer has agreed to pay you for the unused time. Employers are required to follow their policies and practices for the payment of sick, vacation or PTO wages at the end of employment.
What if I work for a small company—do I still get sick time?
Yes. Employers with fewer than 10 employees (or fewer than 6 in Portland) must provide sick time, though it may be unpaid. Paid sick leave is required for employers with 10 or more employees (6 or more in Portland).
Can my employer refuse to pay me vacation or PTO wages for time off during employment?
No. If you had available vacation or PTO time available and you took that time off, your employer is required to pay you those wages. If your employer failed to pay you for earned vacation or PTO, you may have a wage claim.
Can my employer refuse to pay me sick time for days off?
Generally, no. If you have available sick time and you took time off for a qualifying reason, then your employer is required to pay wages for your sick time.
Can my employer fire me while I’m out on sick leave?
It depends on the reason for the termination. Employers cannot fire or retaliate against employees for asking about their rights to use sick leave or for using sick leave to which they are entitled. An employer cannot fire you for using sick time.
Oregon Sick Time, Vacation & PTO Attorneys – Protecting Your Rights
If you believe you’ve been denied pay for sick time, vacation, or PTO, we’re here to help. You may have a wage claim. At Schuck Law, our sick time attorneys and employment lawyers don’t represent employers—we fight for the rights of workers across Oregon. Our team works on a contingency basis to recover money damages and pursue legal remedies for employees at no out-of-pocket cost to our clients.
Call 360-566-9243 today to schedule a free consultation with the attorneys at Schuck Law and learn how we can help protect your rights to sick time, vacation pay, and PTO.