Or. Admin. R. 839-026-0030

Current through Register Vol. 63, No. 4, April 1, 2024

Section 839-026-0030 - Advance Notice of Work Schedule

(1) The employer shall post the written work schedule, including all work shifts and on-call shifts with specific start and end times for the work period covered by the schedule, in a conspicuous and accessible location in the employee's workplace, both in English and in any language the employer typically uses to communicate with the employees. The employer must notify each employee at the time of hire of the location of the work schedule. For the purposes of this rule, "a conspicuous and accessible location in the employee's workplace" may include an electronic system for providing work schedules as long as all employees are provided access to the electronic schedule at the workplace and are able to view the work schedules of all employees employed in the same location.

(2) For existing employees who are not returning from a leave of absence, the employer shall provide each employee with a written work schedule at least seven (7) calendar days before the first day of the work schedule. Beginning on July 1, 2020, the employer shall provide each employee with a written work schedule at least 14 calendar days before the first day of the work schedule.

(3) For new employees at time of hire and for existing employees returning to work after a leave of absence, the employer, on or before the employee's first day of work, may provide the employee with a written work schedule that runs through the last date of the currently posted schedule. For all subsequent work schedules, the employer shall provide the employee with a written work schedule as required by ORS 653.436(1) and section (2) of this rule. The employer may consider the following employees "new employees or existing employees returning from a leave of absence":

(a) New employees at time of hire;

(b) Existing employees at time of transfer, promotion, or assignment to a new job classification; and

(c) Any employee who is returning from a leave of absence as defined in section (4) of this rule.

(4) A leave of absence may be defined by law, the employer's usual and customary policy or collective bargaining agreement. A leave of absence includes an absence from work that is mutually agreed upon by the employee and the employer or a collective bargaining agreement; leave to which the employee is entitled under local, state or federal law where the employer and employee relationship is continued; and leave imposed by the employer for a bona fide disciplinary reason.

(5) If, after the employer has provided advance notice of the work schedule to an employee, the employer requests to make changes to the schedule, the employer must provide the employee with timely notice of any change by in-person conversation, telephone, electronic mail, text message, or some other accessible electronic or written format. The employer's notice is timely when it represents a good faith effort to contact the employee promptly and without undue delay after learning of the need for changing the employee's work schedule. The employee may decline to work any shifts not included in the employee's written work schedule.

(6) The advance notice requirements of ORS 653.436 and this rule do not apply when an employer makes changes to an employee's schedule as a result of a written request initiated by the employee.

(7) When an employer provides an employee with a written work schedule more than seven (7) calendar days before the first day of the work schedule (or more than 14 calendar days before the first day of the work schedule beginning July 1, 2020), and then subsequently makes changes to that schedule while there are still more than seven (7) calendar days until the first day of the schedule (or more than 14 calendar days before the first day of the schedule beginning July 1, 2020), the issuance of a written, modified work schedule is not considered to be a change to the employee's work schedule as described in ORS 653.436(5) or ORS 653.455(2). In the case of a work schedule covering multiple workweeks, so long as any changes made to an employee's written work schedule are provided to affected employees more than seven (7) calendar days before the first day of the workweek in which a schedule change is made (or more than 14 calendar days before the first day of the workweek in which a work schedule change is made beginning July 1, 2020), the issuance of a written, modified work schedule is not considered to be a change to the employee's work schedule as described in ORS 653.436(5) or ORS 653.455(2). The following examples, which describe work shifts taking place before July 1, 2020, are offered by way of illustration:

(a) An employer, after providing a written work schedule on April 1 to an employee covering the period April 15 through April 21, provides the employee with a modified schedule on April 4 that adds an additional shift to the employee's work schedule for the week of April 15. Because the modified schedule has been provided at least seven (7) calendar days before the first day of the schedule, it is not considered to be a change to the employee's work schedule as described in ORS 653.436(5) or ORS 653.455(2).

(b) An employer provides its employees with their work schedules for the month of May on April 23, after which an employee requests not to work on May 25. Allowing the employee not to work as scheduled on this date necessitates that the employer also modify the work schedule of another employee on that day. The employer provides the affected employee with a written, modified schedule on May 1. Because the modified schedule has been provided to the affected employee more than seven (7) calendar days prior to the workweek which includes May 25, it is not considered to be a change to the employee's work schedule as described in ORS 653.436(5) or ORS 653.455(2).

(8) When an employer is required by ORS 653.455(2) to compensate an employee for changes requested by the employer to the employee's written work schedule that have occurred, payment of the compensation must be made no later than the regular payday for the pay period during which the change to the schedule was worked.

Or. Admin. R. 839-026-0030

BLI 15-2018, adopt filed 06/08/2018, effective 7/1/2018

Statutory/Other Authority: ORS 651.060(4)

Statutes/Other Implemented: ORS 653.412 - 653.485