Oregon Bureau of Labor and Industries

Rule Rule 839-007-0045
Verification and Certification for Sick Time Use


(1)

If an employee uses sick time for more than three consecutive scheduled workdays:

(a)

For a purpose provided in ORS 653.616 (Allowable uses of sick time)(1) or (2) or ORS 659A.159 (Purposes for which family leave may be taken)(1)(b)–(d) the employer may require the employee to provide verification within 15 calendar days from a health care provider of the need for the sick time.

(b)

For purposes of ORS 653.616 (Allowable uses of sick time)(4) for use of sick time for a purpose specified in ORS 659A.272 (Employer required to provide leave) relating to domestic violence, sexual assault, harassment or stalking, the employer may require the employee to provide certification of the need for leave as provided in ORS 659A.280 (Notice to employer) and subsection (3) of this rule.

(2)

“Three consecutive scheduled workdays” means three consecutive scheduled workdays, not including scheduled days off. For example, if an employee is scheduled to work Monday, Wednesday, and Friday only, and the employee uses sick time for all three days, the employee has used sick time for three consecutive scheduled workdays.

(3)

Pursuant to ORS 659A.280 (Notice to employer), for purposes of certification of the need for leave for purposes of ORS 659A.272 (Employer required to provide leave) relating to domestic violence, sexual assault, harassment or stalking, 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 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 or stalking; or

(c)

Documentation from an attorney, law enforcement officer, health care professional, licensed mental health professional or counselor, member of the clergy 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 or stalking.

(4)

If an employee commences sick time without providing prior notice required by the employer under OAR 839-007-0040 (Employee Notice Policy and Procedures):

(a)

Medical verification shall be provided to the employer within 15 calendar days after the employer requests the verification; or

(b)

Certification as specified in ORS 659A.280 (Notice to employer) and subsection (3) of this rule for the purposes of ORS 659A.272 (Employer required to provide leave) relating to domestic violence, sexual assault, harassment or stalking shall be provided to the employer within a reasonable time after the employee receives the request for certification.

(5)

If the need for sick time is foreseeable and projected to last more than three scheduled workdays and an employee is required to provide notice under ORS 653.621 (Minimum use increments) and OAR 839-007-0040 (Employee Notice Policy and Procedures), the employer may require that verification or certification be provided before the sick time commences or as soon as otherwise practicable.

(6)

An employer must pay any reasonable costs for providing any medical verification or certification required, including lost wages, that are not paid under a health benefit plan in which the employee is enrolled.

(7)

An employer may not require that any verification or certification required explain the nature of the illness or details related to the domestic violence, sexual assault, harassment, or stalking that necessitates the use of sick time.

(8)

If an employer obtains health information about an employee or an employee’s family member, such information shall be treated as confidential to the extent provided by law.

(9)

Pursuant to ORS 659A.280 (Notice to employer), all records and information kept by an employer regarding use of sick time for purposes related to domestic violence, harassment, sexual assault, or stalking, including the fact that the employee has requested or obtained use of sick time, are confidential and may not be released without the express permission of the employee, unless otherwise required by law.

(10)

If an employee fails to provide verification or certification as required by ORS 653.626 (Medical verification) and these rules, the employer is not required to pay for the use of sick time for the absence taken until the employee provides verification or certification verifying that the absence was for a qualifying reason as defined by ORS 653.616 (Allowable uses of sick time) and these rules. The employer may discipline the employee for violating policies and procedures but not for using sick time.

(11)

If an employer reasonably suspects that an employee is abusing sick time, including engaging in a pattern of abuse, the employer may require verification from a health care provider of the need of the employee to use sick time, regardless of whether the employee has used sick time for more than three consecutive days. As used in this section, “pattern of abuse” includes, but is not limited to, repeated use of unscheduled sick time on or adjacent to weekends, holidays, vacation days or paydays.
Source

Last accessed
Jun. 8, 2021