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October 10, 2025
Paid Leave Oregon is a program that provides up to 12 weeks of job-protected, paid time off to eligible employees[1] for medical leave, family leave, or safe leave.
Many employees return to work from a medical leave because they have exhausted their period of paid (or even unpaid) leave; not necessarily when they are “fit” to return to the job. Though employers may be concerned about an employee’s fitness for duty, many are concerned that asking too many questions will violate the Americans with Disabilities Act or similar state laws that prohibit certain disability-related inquiries or medical examinations.
A recent amendment to Paid Leave Oregon – which became effective on September 26, 2025 – expressly permits an employer to require that an employee receive certification from the employee’s health care provider that the employee is able to resume work. See 2025 Ore. SB 69.
Oregon Employers: Update your policies and practices related to medical leaves of absence, including your notices to employees that outline your expectations as their leave comes to an end, so that they are consistent with the amended law.
Apply any certification requirements uniformly – i.e., do not require some employees, but not others, to certify to their fitness for duty.
This amendment to Paid Leave Oregon does not affect your ability to require an employee, during a period of medical leave, to report periodically to you regarding the employee’s status and intention to return to work.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Oregon, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
[1] Employees who work in Oregon and who made at least $1,000 in Oregon in their base year before they apply for Paid Leave may be eligible for benefits. Eligibility also depends on the type and size of the employer. A base year is the first four of the last five completed calendar quarters before the start date of the paid leave benefit year.
