Or. Admin. Code § 839-009-0260
Current through Register Vol. 63, No. 11, November 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 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.Or. Admin. Code § 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; BLI 15-2024, amend filed 06/28/2024, effective 7/1/2024Statutory/Other Authority: ORS 651.060 & ORS 659A.805
Statutes/Other Implemented: ORS 659A.150 - 659A.186