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Statewide Wildfire Emergency: What Workers and Employers Need to Know
Portland, OR – As Oregon faces another difficult wildfire season, workers and employers across the state are juggling evacuation notices, hazardous air quality, school and childcare disruptions, and intense economic pressure.
Governor Kotek’s June 16 statewide wildfire emergency recognizes the growing risk to communities across Oregon. While the declaration is focused on fire response, it also activates important workplace protections. These protections ensure workers aren’t forced to choose between keeping their jobs and keeping their families safe.
Sick Time and Other Protected Leave
If an employee feels sick (including as a result of the air quality or heat indexes), they may use any available sick leave under the Oregon sick time law.
Under BOLI rules, an employee who is not working as a first responder may also use available sick leave for emergency evacuation or when a public official determines that continued exposure to poor air quality or high heat would jeopardize employee health.
Under Oregon law, workers may use Oregon Sick Time and Oregon Family Leave Act (OFLA) leave when a child’s school or childcare provider closes due to a public health emergency, including those caused by wildfire smoke, air quality, or evacuation orders. It is illegal for an employer to fire, discipline, or retaliate against a worker for using their protected leave. No one should have to choose between their job and their child’s safety.
During a public health emergency, eligibility for OFLA is accelerated: employees need only have averaged 25 hours per week over the previous 30 days to qualify for OFLA leave.
Predictive Scheduling Law
Employers covered by predictive scheduling requirements (500+ employees working in retail, hospitality, or food service) must provide a work schedule at least 14 days in advance. Generally, additional compensation is owed to the worker when changes are made to the schedule without advanced notice. However, no extra compensation is required if schedule changes are due to a natural disaster or similar event, including wildfires, evacuations, extreme temperatures, or other serious disruptions outside the employer’s control. Employers must document the reason for the schedule change and keep copies of these records.
If You Believe Your Rights Have Been Violated
If you were denied sick leave time or OFLA, or if you were disciplined, fired, or threatened for using your sick time or OFLA leave, you can file a complaint online, call 971‑245‑3844 to speak with an intake specialist, or email BOLI_help@boli.oregon.gov for assistance.
If You Have Questions as an Employer
BOLI’s Employer Assistance Division provides education, training, and interpretive guidance, including advisory opinions, to employers to assist in complying with employment laws. Staff are available to provide prompt, confidential support by phone or email: 971-361-8400, employer.assistance@boli.oregon.gov. You can also sign up for our Employer Assistance newsletter and other BOLI communications here.
Visit Wildfire.Oregon.gov for statewide wildfire information, preparedness guidance, evacuation resources and recovery assistance.
People anywhere in Oregon who have been affected by wildfires or wildfire-related air quality can call 1-833-699-0554 for support. The hotline is available 24/7 and is staffed by 211info. Learn more here.
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Led by Labor Commissioner Christina Stephenson, the Bureau of Labor and Industries protects employment rights, advances employment opportunities, and protects access to housing and public accommodations free from discrimination for all Oregonians. If you believe you have been denied your rights at work or in public spaces, you can file a complaint online.
www.Oregon.Gov/BOLI
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