OAR 839-009-0362
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Notice by Employee under ORS 659A.270 to 659A.285
(1)
An eligible employee seeking leave under ORS 659A.270 (Definitions for ORS 659A.270 to 659A.285) to 659A.285 (Use of paid leave) for victims of domestic violence, harassment, sexual assault or stalking will give the covered employer reasonable advance notice of the employee’s intention to take leave unless giving the advance notice is not feasible.(2)
When taking leave in an unanticipated or emergency situation, an eligible employee must give oral or written notice as soon as is practicable. This notice may be given by any other person on behalf of an eligible employee taking unanticipated leave.(3)
An eligible employee able to give advance notice of the need to take leave must follow the covered employer’s known, reasonable and customary procedures for requesting any kind of leave;(4)
The covered employer may require the eligible employee to provide certification that:(a)
The eligible employee or the eligible employee’s minor child or dependent is a victim of domestic violence, harassment, sexual assault or stalking as defined in OAR 839-009-0340 (Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Definitions under ORS 659A.270 to 659A.290)(14), (15), (16) and (17); and(b)
The leave taken is for one of the purposes identified in OAR 839-009-0345 (Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Purposes for Taking Leave under ORS 659A.270 to 659A.285).(5)
Any of the following constitutes sufficient certification:(a)
A copy of a police report indicating that the eligible employee or the eligible employee’s minor child or dependent was a victim or alleged victim of domestic violence, harassment, sexual assault or stalking as defined in OAR 839-009-0340 (Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Definitions under ORS 659A.270 to 659A.290) (8), (9), (11) and (12); or(b)
A copy of a protective order (defined as an order authorized by ORS 30.866 (Action for issuance or violation of stalking protective order), 107.095 (Provisions court may make after commencement of suit and before judgment)(1)(c), 107.700 (Short title) to 107.735 (Duties of State Court Administrator), 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) or 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) to 163.750 (Violating a court’s stalking protective order) or any other order that restrains an individual from contact with an eligible employee or the employee’s minor child or dependent, an order authorized by ORS 30.866 (Action for issuance or violation of stalking protective order), 107.095 (Provisions court may make after commencement of suit and before judgment)(1)(c), 107.700 (Short title) to 107.735 (Duties of State Court Administrator), 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) or 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) to 163.750 (Violating a court’s stalking protective order)) or other evidence from a court or attorney that the eligible employee appeared in or is preparing for a civil or criminal proceeding related to domestic violence, harassment, sexual assault or stalking as defined in OAR 839-009-0340 (Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Definitions under ORS 659A.270 to 659A.290) (8), (9), (11) and (12); or(c)
Documentation from an attorney; law enforcement officer (defined as all police, corrections, and parole and probation officers who are included in the Public Safety Standards and Training Act as described in ORS 181.610 and 181.651); health care professional (defined as a physician or other health care practitioner who is licensed, certified or otherwise authorized by law to provide health care services); licensed mental health professional or counselor; member of the clergy or victim services provider with or from whom the eligible employee or the eligible employee’s minor child or dependent is receiving services including but not limited to treatment or counseling; assistance with relocating as a result of domestic violence, harassment, sexual assault or stalking as defined in OAR 839-009-0340 (Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Definitions under ORS 659A.270 to 659A.290) (8), (9), (11) and (12).(6)
Consistent with ORS 659A.306 (Requiring employee to pay for medical examination as condition of continued employment prohibited), the covered employer must pay the cost of any medical verification related to OAR 839-009-0345 (Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Purposes for Taking Leave under ORS 659A.270 to 659A.285)(1)(b) and (c) not covered by insurance or other benefit plan.(7)
The eligible employee will provide the certification within a reasonable time after receiving the covered employer’s written request for the certification.(8)
The covered employer may provisionally designate an absence as leave under ORS 659A.270 (Definitions for ORS 659A.270 to 659A.285) to 659A.285 (Use of paid leave) for victims of domestic violence, harassment, sexual assault or stalking until sufficient certification is received, if requested, to make a determination.(9)
An eligible employee on leave who needs to take more leave than originally authorized should give the covered employer notice as soon as is practicable prior to the end of the authorized leave, following the covered employer’s known, reasonable and customary procedures for requesting any kind of leave. However, when an authorized period of leave has ended and an eligible employee does not return to work, a covered employer having reason to believe the continuing absence may qualify as leave under ORS 659A.270 (Definitions for ORS 659A.270 to 659A.285) to 659A.285 (Use of paid leave) for victims of domestic violence, harassment, sexual assault or stalking may request additional information. If the covered employer requests additional information the eligible employee will provide the requested information as soon as is practicable. The covered employer may not treat a continuing absence as unauthorized unless requested information is not provided or does not support leave qualification.(10)
All records and information kept by a covered employer regarding an eligible employee’s leave under ORS 659A.270 (Definitions for ORS 659A.270 to 659A.285) to 659A.285 (Use of paid leave) for victims of domestic violence, harassment, sexual assault or stalking, including the fact that the eligible employee has requested or obtained such leave, are confidential and may not be released without the express permission of the eligible employee, unless otherwise required by law.
Source:
Rule 839-009-0362 — Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Notice by Employee under ORS 659A.270 to 659A.285, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-009-0362.