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When life gets complicated 鈥� for better or for worse 鈥� and an employee needs to take time away from work, Oregon law provides protected leave for a variety of reasons. Depending on the situation, an employee may qualify for protected leave under multiple different state and federal laws. These substantial and sometimes overlapping protections make leave administration complicated and create opportunities for error. Having a general understanding of the protected leaves available to employees and the best practices for leave administration will help employers stay on the right track the next time an employee requests leave.

Understanding the employee鈥檚 need for leave

When an employee initially approaches their employer about their possible need for leave, it is important to understand the situation and why the employee is requesting leave. While an employer should be careful to avoid asking too many detailed medical questions, an employee must provide sufficient information so that the employer can determine whether the employee鈥檚 leave qualifies under any protected leave laws.

For example, if an employee simply says that they need to take time off to deal with a personal issue, that does not provide enough information for an employer to determine whether the employee needs medical leave, family leave, domestic violence victims鈥� leave, or another type of leave. However, in response to a vague statement like this, an employer should avoid asking questions like, 鈥渨hat is your medical diagnosis?鈥� or 鈥渨hat are you going to do on your leave?鈥� Instead, the employer might consider asking questions like, 鈥渄o you need to take a medical leave of absence, or another kind of leave of absence?鈥� or 鈥渃an you help me understand why you need to take time off so I can make sure we鈥檙e providing you with the appropriate job protections?鈥� Understanding why the employee needs to take time off helps the employer ensure that it is appropriately supporting the employee while meeting its obligations under the law.

Are there any leave laws that provide protection?

Next, once an employer has a clear understanding of the employee鈥檚 need for leave, the employer should consider whether there are any leave laws that provide protection to the employee. Importantly, depending on the situation, there may be multiple laws that apply, and the employer should be sure to understand their obligations under each applicable law.

For example, if an employee needs to take time off for their own serious health condition related to a domestic violence situation, the employee may be eligible for protected leave under Paid Leave Oregon, Oregon Sick Leave, and Oregon鈥檚 domestic violence victims鈥� leave law. Additionally, the employee may be eligible for protected leave as a reasonable accommodation under state and federal disability laws. If, however, the employee鈥檚 need for leave is related to pregnancy disability, they may be eligible for protected leave under the Family and Medical Leave Act (FMLA), Oregon Family Leave Act (OFLA), Paid Leave Oregon, Oregon Sick Leave, and leave as a reasonable accommodation under the Pregnant Workers Fairness Act and similar state law.

An additional layer of consideration here is that OFLA and Paid Leave Oregon no longer run concurrently, so, assuming the employee qualifies for leave under both laws, the employee could take up to 12 weeks of leave under OFLA and up to 14 weeks of leave under Paid Leave Oregon. The employee鈥檚 sick leave and any leave taken under state and/or federal disability laws may run concurrently with FMLA, OFLA, and Paid Leave Oregon.

What documentation should I ask for?

Depending on the circumstances of the employee鈥檚 need for leave, and the type(s) of leave for which the employee qualifies, an employer may be able to (and want to) request documentation verifying the employee鈥檚 need for leave. However, different types of leave permit employers to request such documentation at different times and in different forms.

For example, the Oregon sick leave law limits an employer鈥檚 ability to request or require documentation unless or until the employee has missed more than three consecutive scheduled workdays, unless certain other conditions apply. Similarly, an employee requesting sick child leave under OFLA may only be required to provide medical certification if the employee requests to use more than three days (i.e., one three-day occurrence or three separate days of sick child leave within a one-year period). Conversely, an employer that either uses Oregon鈥檚 Paid Leave Oregon plan or has an insured plan, would not request documentation of an employee鈥檚 need for Paid Leave Oregon leave, as the Oregon Employment or the insurer, respectively, would be responsible for requesting any documentation necessary and permitted by law to process the employee鈥檚 claim.

What are my obligations as an employer?

Employers are responsible for determining which leave laws they are covered under and that apply to their individual employees. Employers are generally obligated to continue an employee鈥檚 group health benefits while the employee is on protected leave and reinstate the employee at the end of their leave. There may be other obligations that employers should be aware of, like providing holiday pay if the employee would have otherwise been eligible to receive it had they not been on leave.

The complicated nature of leave administration leaves many employers frustrated and confused, unaware of their obligations under the law or unsure of whether they are meeting those obligations. The next time an employee requests a leave of absence, consider contacting trusted employment counsel to ensure your business understands its legal obligations and avoid potential leave administration pitfalls.

Becky Zuschlag is an attorney with Barran Liebman LLP. She advises and represents employers on a wide range of workplace issues. Contact her at 503-276-2151 or聽[email protected].

The opinions, beliefs and viewpoints expressed in the preceding commentary are those of the author and do not necessarily reflect the opinions, beliefs and viewpoints of the Daily Journal of Commerce or its editors. Neither the author nor the 91视频 guarantees the accuracy or completeness of any information published herein.