Or. Admin. Code § 839-007-0045

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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(1) or (2) or ORS 659A.159(1)(a) or 659A.162 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(4) for use of sick time for a purpose specified in ORS 659A.272 relating to domestic violence, harassment, sexual assault, bias or stalking, the employer may require the employee to provide certification of the need for leave as provided in ORS 659A.280.

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

(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 for the purposes of ORS 659A.272 relating to domestic violence, harassment, sexual assault, bias or stalking shall be provided to the employer within a reasonable time after the employee receives the request for certification.

(4) 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 and OAR 839-007-0040, the employer may require that verification or certification be provided before the sick time commences or as soon as otherwise practicable.

(5) 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.

(6) 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.

(7) 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.

(8) If an employee fails to provide verification or certification as required by ORS 653.626 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 and these rules. The employer may discipline the employee for violating policies and procedures but not for using sick time.

(9) 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.

(10) When an employee uses sick time to care for, or to deal with the death of, an individual related by blood or affinity whose close association with the eligible employee is the equivalent of a family relationship, the employer may require the employee to attest in writing that the employee and the person cared for have a significant personal bond that, when examined under the totality of the circumstances, is like a family relationship. An employer that requires a written attestation must provide an attestation form to the employee. The form need not be notarized, must be in the language typically used by the employer to communicate with the employee and may include the following provisions:

I, (full name) _______________________, share a significant bond with (name of other person)_________________ and they are like a family member to me.

Any facts about your relationship can make it like a family. Common examples include:

(a) Shared personal financial responsibility, including shared leases, common ownership of real or personal property, joint liability for bills or beneficiary designations;

(b) Emergency contact designation of the employee by the other individual in the relationship or the emergency contact designation of the other individual in the relationship by the employee;

(c) The expectation to provide care because of the relationship or the prior provision of care;

(d) Cohabitation and its duration and purpose;

(e) Geographic proximity; and

(f) Other factors that demonstrate the existence of a family-like relationship.

Or. Admin. Code § 839-007-0045

BLI 16-2015, f. 12-9-15, cert. ef. 1/1/2016; BLI 1-2018, amend filed 01/03/2018, effective 1/3/2018; BLI 14-2023, temporary amend filed 08/23/2023, effective 9/3/2023through 2/29/2024; BLI 9-2024, amend filed 03/01/2024, effective 3/2/2024; BLI 15-2024, amend filed 06/28/2024, effective 7/1/2024

Statutory/Other Authority: ORS 653.601-653.661 & ORS 651.060

Statutes/Other Implemented: ORS 653.601-653.661