1. (1) An employee who otherwise meets the requirements of OAR 839-020-0310 must not be disqualified from exemption under ORS 653.269(5)(a) on the basis that such employee is paid according to a pay system established by statute, ordinance, or regulation, or by a policy or practice established pursuant to principles of public accountability, under which the employee accrues personal leave and sick leave and which requires the public agency employee's pay to be reduced or such employee to be placed on leave without pay for absences for personal reasons or because of illness or injury of less than one work-day when accrued leave is not used by an employee because:

   1. (a) Permission for its use has not been sought or has been sought and denied;
   2. (b) Accrued leave has been exhausted; or
   3. (c) The employee chooses to use leave without pay.
2. (2) Deductions from the pay of an employee of a public agency for absences due to a budget-required furlough must not disqualify the employee from being paid "on a salary basis" except in the workweek in which the furlough occurs and for which the employee's pay is accordingly reduced.

Statutory/Other Authority

ORS 279.342(5)(a)

Statutes/Other Implemented

ORS 279.342

History

BLI 1-2002, f. & cert. ef. 1-9-02
BL 8-1997, f. & cert. ef. 11-13-97