Current through Register Vol. 63, No. 12, December 1, 2024
(1) A claimant applying for Paid Family and
Medical Leave Insurance (PFMLI) benefits to care for and bond with a child
during the first year after the child's birth must provide one of the following
forms of verification:
(a) The child's
government issued birth certificate;
(b) A Consular Report of Birth
Abroad;
(c) Court issued documents
establishing paternity or guardianship;
(d) A Voluntary Acknowledgement of Paternity
(form 45-31) signed and witnessed by a hospital representative and issued
within 5 calendar days of the date of birth;
(e) A document issued by a health care
provider of the child or pregnant parent. If issued before the date of birth,
the document must be dated and signed within 60 calendar days before the
expected date of birth;
(f) A
hospital admission form associated with delivery;
(g) The Paid Leave Oregon Verification of
Birth Form. If issued before the date of birth, the form must be dated and
signed within 60 calendar days before the expected date of birth; or
(h) Another document approved by the
department for this purpose. If issued before the date of birth, the form must
be dated and signed within 60 calendar days before the expected date of
birth.
(2) A claimant
applying for PFMLI benefits to care for and bond with a child during the first
year after the placement of the child through foster care or the first year
after the placement of the child through adoption must provide one of the
following forms of verification that includes the child's first and last name:
(a) A copy of a court order verifying
placement;
(b) A letter signed by
the attorney representing the foster or adoptive parent that confirms the
placement;
(c) A document from the
foster care, adoption agency, or social worker involved in the placement that
confirms the placement;
(d) A
document for the child issued by the United States Citizenship and Immigration
Services; or
(e) Another document
approved by the department for this purpose.
(3) The verification required in sections (1)
and (2) of this rule must show the following:
(a) Claimant's first and last name as parent
or guardian of the child after birth or placement of the child through foster
care or adoption;
(b) If applying
for PFMLI benefits under section (1) of this rule, the date of the child's
birth or the expected date of the child's birth;
(c) If applying for PFMLI benefits under
section (2) of this rule, the date of placement;
(d) Unless issued by a government entity, the
document must also contain:
(A) The issuer's
first and last name;
(B) The
issuer's title or specialization;
(C) The issuer's contact information, such as
mailing address or telephone number;
(D) The issuer's handwritten or electronic
signature; and
(E) The date the
document was signed or issued.
(4) If any of the documents listed in
sections (1) and (2) of this rule do not include the full name of the claimant
or the claimant's child or do not show the relationship of the child to the
claimant, the claimant must submit one or more of the following documents to
meet the verification requirements described in this rule:
(a) A legal marriage certificate;
(b) A certified Declaration of Domestic
Partnership;
(c) A legal birth
certificate;
(d) A notarized
Voluntary Acknowledgement of Paternity Affidavit (Form 45-21); or
(e) One or more documents issued by an
independent and verifiable third party that establishes the parent relationship
to the child. The document must be issued within six months before the
claimant's start of leave.
Publications: Contact the Oregon Employment Department for
information about how to obtain a copy of the publication referred to or
incorporated by reference in this rule.
Statutory/Other Authority: ORS
657B.340 & ORS
657B.090
Statutes/Other Implemented: ORS
657B.090