On April 1, 2020, the United States Department of Labor (“DOL”) issued temporary regulations on the Families First Coronavirus Response Act (“FFCRA”). The 124-page document largely follows the previously published FAQs by the DOL, but it does set forth some additional clarifications on the requirements imposed on employees asking for leave and the documentation that employers need to maintain under the FFCRA.
- In order to apply for Paid Sick Leave under the Emergency Paid Sick Leave Act (EPSLA) or Emergency Family and Medical Leave under the Emergency Family and Medical Leave Expansion Act (EFMLEA), employees must provide:
- Employee’s name;
- Date(s) for which leave is requested;
- Qualifying reason for the leave; and
- Oral or written statement that the employee is unable to work because of the qualified reason for leave.
- In order to take Paid Sick Leave due to a Federal, State or Local quarantine or isolation order, an employee must additionally provide the employer with the name of the government entity that issued the quarantine or isolation order related to COVID–19. Where an employee is seeking the leave due to a health care provider’s advice to self-quarantine, an employee must provide the employer with the name of the health care provider who advised the employee to self-quarantine due to concerns related to COVID-19.
- To take Paid Sick Leave in connection with Emergency Family and Medical Leave, an employee must additionally provide:
- the name of the son or daughter being cared for;
- the name of the school, place of care, or child care provider that has closed or become unavailable; and
- a representation that no other suitable person will be caring for the son or daughter during the period for which the employee takes Paid Sick Leave or Expanded Family and Medical Leave.
- Record Keeping – The DOL also explained that an employer is required to retain all documentation provided for four years, regardless whether leave was granted or denied. In addition, if an employee provides oral statements to support their time off under the EPSLA and EFMLEA, the employer is required to document and maintain this information its records for four years.
The regulation is available at: https://www.dol.gov/newsroom/releases/whd/whd20200401