(1)(a) If an employee takes more than three consecutive scheduled workdays of sick time for a purpose described in ORS 653.616 (Allowable uses of sick time) (1) to (4), an employer may require the employee to provide verification from a health care provider of the need for the sick time, or certification of the need for leave for purposes of ORS 659A.272 (Employer required to provide leave) as provided in ORS 659A.280 (Notice to employer).
(b)If the need for sick time is foreseeable and is projected to last more than three scheduled workdays and an employee is required to provide notice under ORS 653.621 (Minimum use increments), the employer may require that verification or certification be provided before the sick time commences or as soon as otherwise practicable.
(c)If the employee commences sick time without providing prior notice required by the employer under ORS 653.621 (Minimum use increments):
(A)Medical verification shall be provided to the employer within 15 calendar days after the employer requests the verification; or
(B)Certification provided as specified in ORS 659A.280 (Notice to employer) shall be provided to the employer within a reasonable time after the employee receives the request for certification.
(2)The employer shall pay any reasonable costs for providing medical verification or certification required under this section, including lost wages, that are not paid under a health benefit plan in which the employee is enrolled.
(3)(a) An employer may not require that the verification or certification required under this section 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.
(b)If an employer 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 paragraph, “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.
(4)As used in this section, “health care provider” has the meaning given that term in ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186). [2015 c.537 §8]
Atty. Gen. Opinions
Wage and Hour Commission jurisdiction to regulate governmental entity's employment of minors, (1979) Vol 39, p 489