Or. Admin. Code § 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 child placement leave, for bereavement leave 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) Unless the employee is taking sick leave
under ORS 653.601 to
653.661 concurrently with OFLA
leave, an employer may request medical verification for sick child leave only
after the employee has taken sick child leave on all or any part of three
separate days during a leave year for a purpose other than to care for a child
who requires home care due to the closure of the child's school or child care
provider as the result of a public health emergency 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)
(a) The employer must pay the cost of any
requested medical verification.
(b)
Notwithstanding subsection (a) of this section, the costs of medical
verification for pregnancy disability leave may be paid:
(A) From health and welfare fringe benefit
moneys contributed entirely by the employer; or
(B) By the employee if the medical
verification is a component of a medical examination or health certificate
required pursuant to a collective bargaining agreement, state or federal
statute or city or county ordinance.
(4) When an employee is required to give
advance written notice of foreseeable leave, the employer may also 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 and must afford the employee a
reasonable period of time to correct the deficiency.
(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) Except as
provided in ORS 659A.171(4), an
employer may not request medical verification for leave after the employee has
qualified for that leave. An employer may not require an employee to obtain a
second or third opinion.
Notes
Statutory/Other Authority: ORS 651.060 & ORS 659A.805
Statutes/Other Implemented: ORS 659A.150 - 659A.186
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