Tag: fmla

Documenting Paid COVID-19 Leave Under the Families First Coronavirus Response Act

Employers are required to document employee requests for paid sick leave or expanded family and medical leave under the Families First Coronavirus Response Act, regardless of whether the request is granted or denied. Department of Labor FFCRA regulations specify the kind of information that employees must provide and that employers must document prior to commencing COVID-19 leave. According to the DOL, documentation for paid COVID-19 leave must include:

  • the employee’s name;
  • the dates for which leave is requested;
  • the reason for leave; and
  • an oral or written statement from the employee that he or she is unable to work because of the stated reason for leave.

Depending on the reason for paid leave, employees may need to provide additional information that must be documented by employers. An employee requesting paid sick leave because he or she is subject to a federal, state or local COVID-19 quarantine or isolation order must provide the name of the government entity that issued the order. An employee who has been advised by a health care provider to self-quarantine due to COVID-19 concerns must provide the name of the health care provider.

An employee requesting paid sick leave to care for an individual who is subject to quarantine or isolation order or who has been advised by a health care provider to self-quarantine must provide the employer with either the name of the government entity that issued the order or the name of the health care provider that advised the individual to self-quarantine. The “individual” requiring care must be an immediate family member, a person who regularly resides in the employee’s home, or a similar person with whom the employee has a relationship that creates an expectation of care.

An employee requesting paid sick leave or expanded family and medical leave to care for a minor son or daughter whose school or place of care is closed due to COVID-19 must provide:

  • school, place of care or child care provider that is closed or unavailable; and
  • a representation that no other suitable person will be caring for the child during the period for which the employee is requesting leave.

Employees must also provide any additional information required by the Internal Revenue Service for the employer to claim the tax credit for providing paid leave under the FFCRA. An employer is not required to provide FFCRA leave to an employee who fails to provide information or materials needed to support the employer’s claim for a tax credit.

Employers should proceed cautiously when presented with requests for COVID-19 leave to ensure compliance with the FFCRA’s requirements. This may include seeking counsel from a licensed professional. Please contact us for additional information about protecting your business during the COVID-19 pandemic.

Families First Coronavirus Response Act UPDATE: DOL Announces Effective Date of Paid Leave Laws and Releases Employee Notice Poster

The Families First Coronavirus Response Act was enacted March 18, 2020. Since then, employers have been anxiously preparing for the FFCRA’s two new paid sick leave laws—the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act. Many had questions, but few had answers. Fortunately, the Department of Labor has released much-needed guidance to help employers comply with these new paid leave laws.

Effective Date. The DOL announced that the FFCRA’s paid leave requirements will go into effect April 1, 2020, one day sooner than many expected. The FFCRA’s paid sick leave provisions had to become effective no later than 15 days after the law was enacted, so many assumed they wouldn’t begin until April 2nd. This is significant because employees may start taking paid sick time under the Emergency Paid Sick Leave Act immediately upon becoming effective.

Model Notice to Employees. Covered employers are required to notify employees of the FFCRA’s paid sick leave requirements. The DOL released a model notice (poster) that employers can use to satisfy this requirement. Click here to download the DOL’s Model Employee Rights Poster. The DOL also provided additional guidance to help employers better understand and comply with the FFCRA’s notice requirement.

  • Covered employers must post the required FFCRA notice in a conspicuous place on its premises and keep it posted. Employers may also provide this notice by email, direct mail or by posting it on an internal or external website that is used to provide information to employees.
  • Employers are not required to post this notice in multiple languages, but the DOL is working on translated versions.
  • The FFCRA’s notice requirement applies only to current employees, including new hires. Notice is not required for recently laid-off individuals or new job applicants.
  • All covered employers must post the required FFCRA notice, regardless of any state notice requirements. Employers must comply with both federal and state laws.
  • All private sector employers with fewer than 500 employees are required to post this notice.

Legislative efforts to curb the impact of COVID-19 are proceeding at an astonishing pace. FFCRA regulations are “expected April 2020,” and may not be available until after the law goes into effect. Consequently, employers have little time to understand these new laws and adapt their operations accordingly. Confusion and anxiety are to be expected, but will hopefully diminish in time. Until then, employers should continue efforts to control the spread of COVID-19 in the workplace and remain informed. Please contact us for additional information about protecting your business.