Notice & Documentation Requirements Under the New Paid Sick and FMLA Leave Law
Many employers have multiple questions on the requirements for documentation on the new paid leave programs available under the FFCRA, so we have summarized them here for you.
Now that you have the ever-changing jist of how the Emergency Paid Sick Leave and Expanded FMLA work, we need to make certain you obtain the correct documentation to ensure you can claim the tax credit.
Proper Timing for Requesting Leave
For employees that need to take leave due to school/childcare closures, where the leave is foreseeable, they must provide notice as soon as practical.
When leave is for any other reason, employers can only require notice after the first workday the employee is on leave. KEEP IN MIND – notice from an employee’s spokesperson, such as a family member, must be accepted if the employee is unable to provide notice personally.
What information do you need to collect?
- Employees name
- Date of leave request
- Qualifying reason, and
- Oral or written statement that the employee is unable to work due to qualifying reason
Although oral notice is sufficient, you may wish to consider using a leave request form to maximize compliance.
What documentation must employee provide to prove need for leave?
It will depend on the reason for the leave:
- Employee subject to a federal, state or local quarantine or isolation order related to COVID-19: the name of the governmental entity that issued the Order
- A health care provider advises an employee to self-quarantine: the name of the health care provider who advised the employee to self-quarantine.
- Employee caring for an individual subject to a quarantine order or been advised by a health care provider to self-quarantine: either the name of the governmental entity that issued the Order to which the individual being cared for is subject, OR, the name of the health care provider who advised the self-quarantine.
If an employee has requested leave to care for a child whose school is closed or childcare is unavailable:
- Employee must provide the name of the child, name of the school, place of care or child care provider that has become unavailable (keep in mind this could be family or a friend), and a representation that “no other suitable person will be caring for the child during the period the employee is taking leave
