Or. Admin. R. 471-070-1110

Current through Register Vol. 63, No. 6, June 1, 2024

Section 471-070-1110 - [Effective until 9/10/2024] Benefits: Verification of Family Leave to Care for and Bond with a Child

(1) A claimant applying for Paid Family and Medical Leave Insurance (PFMLI) benefits to care for and bond with a child during the first year after the child's birth must provide one of the following forms of verification:

(a) The child's government issued birth certificate;

(b) A Consular Report of Birth Abroad;

(c) Court issued documents establishing paternity or guardianship;

(d) A Voluntary Acknowledgement of Paternity (form 45-31) signed and witnessed by a hospital representative and issued within 5 calendar days of the date of birth;

(e) A document issued by a health care provider of the child or pregnant parent. If issued before the date of birth, the document must be dated and signed within 60 calendar days before the expected date of birth;

(f) A hospital admission form associated with delivery;

(g) The Paid Leave Oregon Verification of Birth Form. If issued before the date of birth, the form must be dated and signed within 60 calendar days before the expected date of birth; or

(h) Another document approved by the department for this purpose. If issued before the date of birth, the form must be dated and signed within 60 calendar days before the expected date of birth.

(2) A claimant applying for PFMLI benefits to care for and bond with a child during the first year after the placement of the child through foster care or the first year after the placement of the child through adoption must provide one of the following forms of verification that includes the child's first and last name:

(a) A copy of a court order verifying placement;

(b) A letter signed by the attorney representing the foster or adoptive parent that confirms the placement;

(c) A document from the foster care, adoption agency, or social worker involved in the placement that confirms the placement;

(d) A document for the child issued by the United States Citizenship and Immigration Services;

(e) The PFMLI Verification of Adoption or Foster Care Placement Form; or

(f) Another document approved by the department for this purpose.

(3) The verification required in sections (1) and (2) of this rule must show the following:

(a) Claimant's first and last name as parent or guardian of the child after birth or placement of the child through foster care or adoption;

(b) If applying for PFMLI benefits under section (1) of this rule, the date of the child's birth or the expected date of the child's birth;

(c) If applying for PFMLI benefits under section (2) of this rule, the date of placement;

(d) Unless issued by a government entity, the document must also contain:

(A) The issuer's first and last name;

(B) The issuer's title or specialization;

(C) The issuer's contact information, such as mailing address or telephone number;

(D) The issuer's handwritten or electronic signature; and

(E) The date the document was signed or issued.

(4) If any of the documents listed in sections (1) and (2) of this rule do not include the full name of the claimant or the claimant's child or do not show the relationship of the child to the claimant, the claimant must submit one or more of the following documents to meet the verification requirements described in this rule:

(a) A legal marriage certificate;

(b) A certified Declaration of Domestic Partnership;

(c) A legal birth certificate;

(d) A notarized Voluntary Acknowledgement of Paternity Affidavit (Form 45-21); or

(e) One or more documents issued by an independent and verifiable third party that establishes the parent relationship to the child. The document must be issued within six months before the claimant's start of leave.

Or. Admin. R. 471-070-1110

ED 9-2022, adopt filed 07/22/2022, effective 7/22/2022; ED 2-2024, temporary amend filed 03/13/2024, effective 3/15/2024 through 9/10/2024

Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.

Statutory/Other Authority: ORS 657B.340 & ORS 657B.090

Statutes/Other Implemented: ORS 657B.090