Current through 2024 Regular Session legislation
Section 659A.280 - Notice to employer; records confidential(1) An eligible employee shall give the covered employer reasonable advance notice of the employee's intention to take leave for the purposes identified in ORS 659A.272, unless giving the advance notice is not feasible.(2) The covered employer may require the eligible employee to provide certification that: (a) The employee or the employee's minor child or dependent is a victim of domestic violence, harassment, sexual assault, bias or stalking; and(b) The leave taken is for one of the purposes identified in ORS 659A.272.(3) The eligible employee shall provide the certification within a reasonable time after receiving the covered employer's request for the certification.(4) Any of the following constitutes sufficient certification: (a) A copy of a police report indicating that the eligible employee or the employee's minor child or dependent was a victim of domestic violence, harassment, sexual assault, bias or stalking.(b) A copy of a protective order or other evidence from a court, administrative agency or attorney that the eligible employee appeared in or was preparing for a civil, criminal or administrative proceeding related to domestic violence, harassment, sexual assault, bias or stalking.(c) Documentation from an attorney, law enforcement officer, health care professional, licensed mental health professional or counselor, member of the clergy, employee of the Department of Justice division providing victim and survivor services or victim services provider that the eligible employee or the employee's minor child or dependent was undergoing treatment or counseling, obtaining services or relocating as a result of domestic violence, harassment, sexual assault, bias or stalking.(5) All records and information kept by a covered employer regarding an eligible employee's leave under ORS 659A.270 to 659A.285, including the fact that the employee has requested or obtained leave under ORS 659A.272, are confidential and may not be released without the express permission of the employee, unless otherwise required by law.Amended by 2023 Ch. 549,§ 13, eff. 1/1/2024. 2007 c. 180, § 6; 2011 c. 687, § 3