WHEN CAN AN EMPLOYER CONTACT AN EMPLOYEE’S MEDICAL PROVIDER REGARDING OFLA/FMLA LEAVE?

Employers are sometimes confused whether they can contact an employee’s medical provider to confirm whether that employee’s absence is protected by the Oregon Family Leave Act (OFLA) or the Family and Medical Leave Act (FMLA).  This confusion is understandable, given that there are different rules for OFLA/FMLA, Workers’ Compensation and the Americans with Disabilities Act (ADA). 

Here are some guidelines regarding what information an employer can ask when an employee requests protected leave under OFLA/FMLA:

1.                  It is allowable to require a medical certification if the request for protected leave is for a  serious health condition of the employee or family member;

2.                  Medical verification cannot be requested for parental leave;

3.                  For sick child leave, medical verification can be required only after the third occurrence of sick child leave within the year; and

4.                  If the employer questions the adequacy of the medical certification provided by an employee, the employer cannot contact the employee’s health care provider directly, unless the purpose of the contact is solely for purposes of clarification and the employer has the employee’s consent to do so.  If the employer has reason to doubt the validity of the medical certification, a second opinion may be requested.

Because of the potential legal consequences for violating an employee’s rights under OFLA/FMLA, employers should always consult with an attorney knowledgeable about employment law when there are questions regarding this area of the law.