Or. Admin. R. 839-009-0260

Current through Register Vol. 63, No. 5, May 1, 2024

Section 839-009-0260 - OFLA: Medical Verification and Scheduling of Treatment

(1) An employer may require an employee to provide medical verification of the need for OFLA leave, except that:

(a) An employer may not require medical verification for parental leave, for the death of a family member or for the need for sick child leave due to the closure of a child's school or child care provider as a result of a public health emergency.

(b) If an employee has taken sick child leave on all or any part of three separate days during a leave year, the employer may only require medical verification from a health care provider on the fourth day or any subsequent use of sick child leave within that leave year. The opinion of the health care provider is binding, and the employer may not require the employee to obtain a second opinion.

(2) All requests for medical verification must be in writing and must state the consequences for failure to provide the requested medical verification.

(3) The employer must pay the cost of any requested medical verification not covered by insurance or another benefit plan, unless the medical examination or health certificate is required pursuant to a collective bargaining agreement, state or federal statute or city or county ordinance.

(4) When an employer requires eligible employees to give advance written notice of foreseeable leave and an eligible employee gives such notice, the employer may require the employee to provide medical verification of the need for OFLA leave before the leave starts.

(5) When an employee commences unforeseeable OFLA leave without prior notice, the employee must provide medical verification within 15 days of the employer's request for verification.

(6) If an employer determines that a medical verification provided by an employee is incomplete or insufficient, the employer must provide written notice that states the verification is incomplete or insufficient and the additional information needed to make it complete or sufficient.

(7) When an employee fails to respond to reasonable employer requests for medical verification of the employee's eligibility for foreseeable leave to determine whether the leave is OFLA qualifying, the employer may deny use of OFLA leave until complete or sufficient medical verification is received.

(8) An employer may not delay the use of OFLA leave when medical verification is not received before the commencement of unforeseeable leave. The employer may designate the leave as provisionally approved, subject to medical verification.

(9) If an employee submits medical verification signed by a health care provider, the employer may not directly request additional information from the employee or family member's health care provider. However, with permission from the employee or family member, a health care provider representing the employer may contact the employee or family member's health care provider to clarify or authenticate the medical verification.

(10) An employer may not request subsequent medical verifications more often than every 30 days and then only in connection with the employee's absence except when:

(a) Circumstances described by the previous medical verification have changed significantly (e.g., the duration or frequency of absences, the severity of conditions, or complications); or

(b) The employer receives information that casts doubt upon the employee's stated reason for the absence.

(11) Upon request by the employee, the employer is required to provide the employee with a copy of any second and third medical opinions required under ORS 659A.168(1). Absent extenuating circumstances, the requested copies must be provided within five business days after the receipt of the employee's request.

(12) When possible, an employee must make a reasonable effort to schedule medical treatment or supervision at times that will minimize disruption of the employer's operation.

Or. Admin. R. 839-009-0260

BL 2-1995, f. 9-8-95, cert. ef. 9-9-95; BLI 5-2000, f. & cert. ef. 2-1-00; BLI 10-2002, f. & cert. ef. 5-17-02; BLI 3-2005, f. 1-6-05, cert. ef. 1-7-05; BLI 24-2005, f. 11-15-05, cert. ef. 11-16-05; BLI 12-2006, f. 3-22-06, cert. ef. 3-24-06; BLI 44-2007, f. 12-31-07, cert. ef. 1-1-08; BLI 10-2010, f. & cert. ef. 2-24-10; BLI 5-2015, f. & cert. ef. 5/18/2015; BLI 8-2015, f. & cert. ef. 6/24/2015; BLI 9-2024, amend filed 03/01/2024, effective 3/2/2024

Statutory/Other Authority: ORS 659A.805

Statutes/Other Implemented: ORS 659A.150 - 659A.186