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Oregon Revised Statutes

Or. Rev. Stat. § 653.626 (2026)

Medical verification

✓ current as of May 2026
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      653.626 Medical verification. (1)(a) If an employee takes more than three consecutive scheduled workdays of sick time for a purpose described in ORS 653.616 (1) to (5), an employer may require the employee to provide verification from a health care provider of the need for the sick time, or certification of the need for leave for purposes of ORS 659A.272 as provided in ORS 659A.280.

      (b) If the need for sick time is foreseeable and is projected to last more than three scheduled workdays and an employee is required to provide notice under ORS 653.621, the employer may require that verification or certification be provided before the sick time commences or as soon as otherwise practicable.

      (c) If the employee commences sick time without providing prior notice required by the employer under ORS 653.621:

      (A) Medical verification shall be provided to the employer within 15 calendar days after the employer requests the verification; or

      (B) Certification provided as specified in ORS 659A.280 shall be provided to the employer within a reasonable time after the employee receives the request for certification.

      (2) The employer shall pay any reasonable costs for providing medical verification or certification required under this section, including lost wages, that are not paid under a health benefit plan in which the employee is enrolled.

      (3)(a) An employer may not require that the verification or certification required under this section explain the nature of the illness or details related to the domestic violence, sexual assault, harassment, or stalking that necessitates the use of sick time.

      (b) If an employer suspects that an employee is abusing sick time, including engaging in a pattern of abuse, the employer may require verification from a health care provider of the need of the employee to use sick time, regardless of whether the employee has used sick time for more than three consecutive days. As used in this paragraph, “pattern of abuse” includes, but is not limited to, repeated use of unscheduled sick time on or adjacent to weekends, holidays, vacation days or paydays.

      (4) As used in this section, “health care provider” has the meaning given that term in ORS 659A.150. [2015 c.537 §8; 2025 c.85 §9]

 

      653.630 [1973 c.564 §8; repealed by 1975 c.114 §1]

Notes of Decisions
Cited in 3 cases, 2019–2019 · leading case: Linn Cnty. v. Brown, 443 P.3d 700 (Or. Ct. App. 2019).
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Linn Cnty. v. Brown, 443 P.3d 700 (Or. Ct. App. 2019). · cites it 2× “An employer may, but is not required to, direct an employee to provide verification from a health care provider of the need for sick time or certification of the need for family leave, when the employee uses sick leave for more than three consecutive days, ORS 653.626(1)(a), but…”
Labor & EmploymentSick & Safe Leave – Whether Employers May Apply Absence Control Policies to Prevent Abuse of Sick & Safe Leave (Md. Att'y Gen. 2019). “Or. Rev. Stat. § 653.626 (3)(b). That law then defines “pattern of abuse” as including but not limited to “repeated use of unscheduled sick time on or adjacent to weekends, holidays, vacation days or paydays.”
Maryland Attorney Gen. Opinion 104OAG062 (Md. Att'y Gen. 2019). “Or. Rev. Stat. § 653.626 (3)(b). That law then defines “pattern of abuse” as including but not limited to “repeated use of unscheduled sick time on or adjacent to weekends, holidays, vacation days or paydays.”
— Or. Rev. Stat. § 653.626(1)(a) — 1 case
Linn Cnty. v. Brown, 443 P.3d 700 (Or. Ct. App. 2019). “An employer may, but is not required to, direct an employee to provide verification from a health care provider of the need for sick time or certification of the need for family leave, when the employee uses sick leave for more than three consecutive days, ORS 653.626(1)(a), but…”
— Or. Rev. Stat. § 653.626(2) — 1 case
Linn Cnty. v. Brown, 443 P.3d 700 (Or. Ct. App. 2019). “An employer may, but is not required to, direct an employee to provide verification from a health care provider of the need for sick time or certification of the need for family leave, when the employee uses sick leave for more than three consecutive days, ORS 653.626(1)(a), but…”
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