Legal Question in Medical Leave in Oregon

Re: FMLA - Doctor's notes

The Oregon Statute governing Medical Leave provides:

659A.168 Medical verification and scheduling of treatment. "* * * a covered employer may require medical verification from a health care provider of the need for the leave * * *. If an employee is required to give notice under ORS 659A.165 (1) [known in advance], 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) [unforseen need for leave], the medical verification must be provided by the employee within 15 days after the employer requests the medical verification. The employer may require an employee to obtain the opinion of a second health care provider designated by the employer, at the employer�s expense. If the opinion of the second health care provider conflicts with the medical verification provided by the employee, the employer may require the two health care providers to designate a third health care provider to provide an opinion at the employer�s expense. The opinion of the third health care provider shall be final and binding on the employer and employee. In addition to the medical verifications provided for in this subsection, an employer may require subsequent medical verification on a reasonable basis."

Accordingly, the employer is permitted to demand verification only "on a reasonable basis." Misuse of the medical leave verification procedures by an employer may constitute interference with and/or denial of the medical leave or retaliation for use of medical leave, both of which are illegal and subject the employer to damages for the lost wages resulting from the interference (i.e., the termination). Reinstatement is also an available remedy.

NOTE: You must be aware that you have only a limited amount of time to commence an action against your former employer. Act promptly. If you delay, your rights may be lost forever. Engage the services of a lawyer immediately.

NOTE: The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.