General

Collecting Information for FFCRA Leave

The Department of Labor recently issued regulations related to the FFCRA.  Included within those regulations is information elaborating upon the information employers should collect in connection with requests for paid leave. 

Generally, an employee requesting leave under either the Emergency Paid Sick Leave Act (“EPSLA”) or the Expanded Family and Medical Leave Act (“EMFLEA”) must provide an employer documentation containing the following information:

(1) Employee’s name;
(2) Date(s) for which leave is requested;
(3) Qualifying reason for the leave; and
(4) Oral or written statement that the employee is unable to work because of the qualified reason for leave.

Beyond that general information, each individual reason for requesting paid leave comes with its own specific informational obligations as well.  Specifically,

1. An employee requesting leave because they are subject to a federal, state, or local quarantine or isolation order related to COVID-19, must provide you with the name of the government entity that issued the quarantine or isolation order.
2. An employee requesting leave because they have been advised by a health care provider to self-quarantine due to concerns related to COVID-19, must provide you with the name of the health care provider who advised them to self-quarantine due to concerns related to COVID-19.
3. An employee requesting leave because they are caring for an individual who is: (1) subject to federal, state, or local quarantine or isolation order related to COVID-19;  or (2) has been advised by a health care provider to self-quarantine due to concerns related to COVID-19, must provide you with either:

1. 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 concerns related to COVID-19.

d. An employee requesting leave because they are caring for their child whose school or place of care has been closed for a period of time, whether by order of a state or local official or authority or at the decision of the individual school or place of care, or the child care provider of such child is unavailable, for reasons related to COVID-19, must provide you:

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 period for which the employee takes EPSLA or EFMLEA leave.

If you have any questions about this or anything else related to the FFCRA and its paid leave provisions, please do not hesitate to reach out to our office.

Sat Apr 4, 3:57am Share