1. (1) An employer shall provide written notice to each employee of the duties and rights of an eligible employee under this chapter in accordance with rules adopted by the Director of the Employment Department. At a minimum, the notice must advise the employee of the following:

   1. (a) The right of an eligible employee to claim and receive family and medical leave insurance benefits under this chapter;
   2. (b) The procedure for filing a claim for benefits under ORS 657B.090;
   3. (c) That an eligible employee must provide notice to an employer before the employee commences leave, as required under ORS 657B.040, and a description of the penalties for failure to comply with the notice requirements;
   4. (d) The right of an eligible employee to job protection and benefits continuation under ORS 657B.060;
   5. (e) The right of an eligible employee to appeal a decision or determination made by the director under ORS 657B.410;
   6. (f) That discrimination and retaliatory personnel actions against an employee for inquiring about the family and medical leave insurance program established under ORS 657B.340, giving notification of leave under the program, taking leave under the program or claiming family and medical leave insurance benefits are prohibited;
   7. (g) The right of an eligible employee to bring a civil action or to file a complaint for violation of ORS 657B.060 or 657B.070; and
   8. (h) That any health information related to family leave, medical leave or safe leave provided to an employer by an employee is confidential and may not be released without the permission of the employee unless state or federal law or a court order permits or requires disclosure.
2. (2) A notice provided to an employee under this section must be in the language the employer typically uses to communicate with the employee.
3. (3) The director shall make available to employers a model notice that meets the requirements of this section.

[2019 c.700 §8]