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Oregon Revised Statutes

Or. Rev. Stat. § 653.641 (2026)

Unlawful practices

✓ current as of May 2026
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      653.641 Unlawful practices. It is an unlawful practice for an employer or any other person to:

      (1) Deny, interfere with, restrain or fail to pay for sick time to which an employee is entitled under ORS 653.601 to 653.661;

      (2) Retaliate or in any way discriminate against an employee with respect to any term or condition of employment because the employee has inquired about the provisions of ORS 653.601 to 653.661, submitted a request for sick time, taken sick time, participated in any manner in an investigation, proceeding or hearing related to ORS 653.601 to 653.661, or invoked any provision of ORS 653.601 to 653.661; or

      (3) Apply an absence control policy that includes sick time absences covered under ORS 653.601 to 653.661 as an absence that may lead to or result in an adverse employment action against the employee. [2015 c.537 §11]

 

      653.645 [1973 c.564 §10; repealed by 1975 c.114 §1]

Notes of Decisions
Cited in 8 cases (6 in the last 5 years), 2019–2025 · leading case: Stillwell v. Old Dominion Freight Line, Inc. (D. Or. 2021).
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Stillwell v. Old Dominion Freight Line, Inc. (D. Or. 2021). · cites it 8× “183; (5) OSLA Discrimination, ORS § 653.641; (6) OFEPA Disability Discrimination, ORS § 659A.”
Cooper v. Robert G. Rust, Jr., D.M.D., PC, 343 Or. App. 390 (Or. Ct. App. 2025). · cites it 6× “We conclude that the trial court used the wrong legal standard on plain- tiff’s sick time retaliation claim under ORS 653.641; we also clarify that an employee is protected under the sick time retaliation law even if they are ineligible for sick time.”
Schultz v. NW Permanente P.C. (D. Or. 2022). · cites it 2× “OSLA makes it unlawful for an employer to deny, interfere with, retrain, or fail to pay an employee for sick time to which they are entitled, ORS 653.641(1), or to retaliate or discriminate against an employee for inquiring about, requesting, or taking sick time, ORS 653.”
Hughes v. Pac. Univ. (D. Or. 2023). · cites it 2× “150, et seq, and Oregon’s Sick Leave Act, ORS § 653.641. Hughes seeks economic and noneconomic damages, equitable relief, and attorney’s fees.”
Labor & EmploymentSick & Safe Leave – Whether Employers May Apply Absence Control Policies to Prevent Abuse of Sick & Safe Leave (Md. Att'y Gen. 2019). “08 ; Or. Rev. Stat. Ann. § 653.641 . Gen. 54] 65 employee with discharge or demotion,” and “any other retaliatory action that results in a change to the terms or conditions of employment that would dissuade a reasonable employee from exercising a right under” the Act.”
Peer v. Rick's Custom Fencing & Decking, Inc. (D. Or. 2022). “183, ORS 653.641, ORS 659A.030, and Oregon common law.”
Bain v. Jinnah Internal Med., LLC (D. Or. 2025). “Plaintiff’s wrongful discharge claim implicates the rights invoked under the Oregon Sick Leave Act (“OSLA”), ORS 653.641, which prohibits an employer from retaliating against an employee for taking sick leave.”
Maryland Attorney Gen. Opinion 104OAG062 (Md. Att'y Gen. 2019). “08 ; Or. Rev. Stat. Ann. § 653.641 . Gen. 62] 65 employee with discharge or demotion,” and “any other retaliatory action that results in a change to the terms or conditions of employment that would dissuade a reasonable employee from exercising a right under” the Act.”
— Or. Rev. Stat. § 653.641(1) — 1 case
Schultz v. NW Permanente P.C. (D. Or. 2022). “OSLA makes it unlawful for an employer to deny, interfere with, retrain, or fail to pay an employee for sick time to which they are entitled, ORS 653.641(1), or to retaliate or discriminate against an employee for inquiring about, requesting, or taking sick time, ORS 653.”
— Or. Rev. Stat. § 653.641(2) — 2 cases
Cooper v. Robert G. Rust, Jr., D.M.D., PC, 343 Or. App. 390 (Or. Ct. App. 2025). “We conclude that the trial court used the wrong legal standard on plain- tiff’s sick time retaliation claim under ORS 653.641; we also clarify that an employee is protected under the sick time retaliation law even if they are ineligible for sick time.”
Schultz v. NW Permanente P.C. (D. Or. 2022). “OSLA makes it unlawful for an employer to deny, interfere with, retrain, or fail to pay an employee for sick time to which they are entitled, ORS 653.641(1), or to retaliate or discriminate against an employee for inquiring about, requesting, or taking sick time, ORS 653.”
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