(1) An eligible employee shall give the covered employer reasonable advance notice of the employee’s intention to take leave for the purposes identified in ORS § 659A.272, unless giving the advance notice is not feasible.

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Terms Used In Oregon Statutes 659A.280

  • Dependent: A person dependent for support upon another.
  • Employer: means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed. See Oregon Statutes 659A.001
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(2) The covered employer may require the eligible employee to provide certification that:

(a) The employee or the employee’s minor child or dependent is a victim of domestic violence, harassment, sexual assault, bias or stalking; and

(b) The leave taken is for one of the purposes identified in ORS § 659A.272.

(3) The eligible employee shall provide the certification within a reasonable time after receiving the covered employer’s request for the certification.

(4) Any of the following constitutes sufficient certification:

(a) A copy of a police report indicating that the eligible employee or the employee’s minor child or dependent was a victim of domestic violence, harassment, sexual assault, bias or stalking.

(b) A copy of a protective order or other evidence from a court, administrative agency or attorney that the eligible employee appeared in or was preparing for a civil, criminal or administrative proceeding related to domestic violence, harassment, sexual assault, bias or stalking.

(c) Documentation from an attorney, law enforcement officer, health care professional, licensed mental health professional or counselor, member of the clergy, employee of the Department of Justice division providing victim and survivor services or victim services provider that the eligible employee or the employee’s minor child or dependent was undergoing treatment or counseling, obtaining services or relocating as a result of domestic violence, harassment, sexual assault, bias or stalking.

(5) All records and information kept by a covered employer regarding an eligible employee’s leave under ORS § 659A.270 to 659A.285, including the fact that the employee has requested or obtained leave under ORS § 659A.272, are confidential and may not be released without the express permission of the employee, unless otherwise required by law. [2007 c.180 § 6; 2011 c.687 § 3; 2023 c.549 § 13]