Medical verification requirements; 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)(a) 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, or if the leave is for the purpose described in ORS 659A.162 (3). 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

(2) A covered employer may require medical verification for leave taken for the purpose described in ORS 659A.159 (1)(a), 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)(a) 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)(a) 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. [Formerly 659.482; 2021 c.182 §6; 2024 c.20 §11]