Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0250 - OFLA: Notice by Employee; Designation by Employer; Notice by Employer Regarding Eligibility or Qualification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 otherwise described in this rule, a covered employer may require an eligible
			 employee to give 30 days' written notice of the need for foreseeable leave,
			 including an explanation of the need for leave, before starting sick child
			 leave. The employee is not required to specify that the request is for OFLA
			 leave.
(2) When an employee is
			 unable to give the employer 30 days' notice of the need for sick child leave
			 but has some advance notice of the need for the leave, the employee must give
			 the employer as much advance notice as is practicable.
(3) An employee able to give advance notice
			 of the need to take sick child leave must follow the employer's known,
			 reasonable and customary procedures for requesting any kind of leave, absent
			 unusual circumstances.
(4) When
			 taking OFLA leave in an unforeseeable situation, an employee must give oral or
			 written notice within 24 hours before or after commencement of the leave. This
			 notice may be given by any other person on behalf of an employee taking
			 unforeseeable OFLA leave. The employer may require written notice by the
			 employee within three days of the employee's return to work.
(5)
(a)
			 Except as otherwise provided in OAR
			 839-009-0260 and subsection (e)
			 of this section, an employer may request additional information to determine
			 that a requested leave qualifies for designation as OFLA leave.
(b) The employer may provisionally designate
			 an absence as OFLA leave until sufficient information is received to make a
			 determination. An employee who calls in "sick" without providing further
			 information will not be considered to have provided sufficient notice to
			 trigger an employer's obligations under OFLA, unless the employer has reason to
			 know the employee is attempting to invoke protected leave or the employer
			 acquires knowledge that an employee's leave may be for an OFLA-qualifying
			 reason.
(c) An employee on OFLA
			 leave who needs to take more leave than originally authorized must give the
			 employer reasonable notice prior to the end of the authorized leave, following
			 the employer's known, reasonable and customary procedures for requesting any
			 kind of leave. However, when an authorized period of OFLA leave has ended and
			 an employee does not return to work, an employer having reason to believe the
			 continuing absence may qualify as OFLA leave must request additional
			 information, and may not treat a continuing absence as unauthorized unless
			 requested information is not provided or does not support OFLA
			 qualification.
(d) An eligible
			 employee may receive notice of the death of a family member by any means and
			 from any source.
(e) An employer
			 may not request additional information to verify bereavement leave, except the
			 employer may require the use of an attestation form described in OAR
			 839-011-0240 when the family member is related by affinity.