The Oregon Court of Appeals clarified an important right for Oregon workers, holding that a request for sick time is legally protected regardless of whether the employee meets eligibility requirements.
Bennett Hartman attorneys represented an employee of a dental office in Eugene whose employment was terminated after she requested time off work for emergency surgery. The dental office argued that the employee could not bring a claim for sick time retaliation because she had exhausted her sick time bank. The Court of Appeals held that available sick time is not a requirement for a claim of retaliation.
The case is set to return to Lane County Circuit Court to proceed to a jury trial. The Court of Appeals also found in the employee’s favor on claims of disability discrimination, failure to accommodate, and aiding or abetting liability against the owners of the dental office. Those claims are to be decided by a jury.
You can read the opinion of the Court of Appeals here. The Oregon Capital Chronicle included the case in a list of new protections for Oregon workers, which you can read here.
