2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement
Section 659A.168 - Medical verification and scheduling of treatment; exceptions.
(1) Except as provided in subsection (2) of this section, a covered employer may require medical verification from a health care provider of the need for the leave if the leave is for a purpose described in ORS 659A.159 (1)(b) to (d) 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 a result of a public health emergency. If an employee is required to give notice under ORS 659A.165 (1), the employer may require that medical verification be provided by the employee before the leave period commences. If the employee commences family leave without prior notice pursuant to ORS 659A.165 (2), the medical verification must be provided by the employee within 15 days after the employer requests the medical verification. The employer may require an employee to obtain the opinion of a second health care provider designated by the employer, at the employer’s expense. If the opinion of the second health care provider conflicts with the medical verification provided by the employee, the employer may require the two health care providers to designate a third health care provider to provide an opinion at the employer’s expense. The opinion of the third health care provider shall be final and binding on the employer and employee. In addition to the medical verifications provided for in this subsection, an employer may require subsequent medical verification on a reasonable basis.
(2) A covered employer may require medical verification for leave taken for the purpose described in ORS 659A.159 (1)(d), 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 a result of a public health emergency, only after an employee has taken more than three days of leave under ORS 659A.159 (1)(d) during any one-year period. Any medical verification required under this subsection must be paid for by the covered employer. An employer may not require an employee to obtain the opinion of a second health care provider for the purpose of medical verification required under this subsection.
(3) A covered employer may request verification for the need for leave for the purpose in ORS 659A.159 (1)(d) to care for a child who requires home care due to the closure of the child’s school or child care provider as a result of a public health emergency. A request for verification may include a request for:
(a) The name of the child requiring home care;
(b) The name of the school or child care provider that is subject to closure;
(c) A statement from the employee that no other family member of the child is willing and able to care for the child; and
(d) A statement that special circumstances exist that require the employee to provide home care for the child during the day, if the child is older than 14 years of age.
(4) Subject to the approval of the health care provider, the employee taking family leave for a serious health condition of the employee or a family member of the employee shall make a reasonable effort to schedule medical treatment or supervision at times that will minimize disruption of the employer’s operations. [Formerly 659.482; 2021 c.182 §6]
