Documentation Requirements of FFCRA
Prior to taking paid sick leave under the EPSLA or expanded family and medical leave under the EFMLEA, employees are required to provide the following documentation/information to their employer: (i) the employee’s name; (ii) dates(s) for which leave is requested; (iii) qualifying reason for the leave; and (iv) an oral or written statement that the employee is unable to work because of the qualified reason for leave.
Employees planning to take paid sick leave for four of the six qualifying reasons must provide additional documentation.
- Employees subject to a quarantine or isolation order must provide the name of the government entity that issued the quarantine or isolation order.
- Employees advised by a healthcare provider to self-quarantine must provide the name of the healthcare provider.
- Employees caring for an individual must provide either (1) the name of the government entity that issued the quarantine or isolation order to which the individual being cared for is subject; or (2) the name of the health care provider who advised the individual being cared for to self-quarantine due to COVID-19-related concerns.
- Employees caring for a son or daughter must provide: (1) the name of the child being cared for; (2) the name of the school, place of care or child care provider that has closed or become unavailable; and (3) a representation that no other suitable person will be caring for the child during the employee’s leave period. An employee seeking leave for this reason may need to explain why a teenaged child is in need of care.
Employers may ask employees to provide additional material that will support the employer’s request for tax credits pursuant to the FFCRA. If an employee does not supply the employer with sufficient documentation, the employer is not required to provide leave.
Questions?
We’re here to answer them. If you have questions or specific situations you would like to discuss, please contact Lori Reich at (320) 214-2906.
Last Updated 12-31-20 at 1:30 pm
