COVID-19 Client Alerts:
Required Notices for Paid Sick Leave/Expanded Family Leave
Any employee requesting FFCRA paid sick leave or expanded family and medical leave must provide signed documentation containing:
1) The employee’s name;
2) The date(s) for which leave is requested;
3) Which of the six COVID-19 qualifying reasons the leave is being taken; and
4) A statement affirming the employee is unable to work or telework because of the identified COVID-19 qualifying reason.
5) Additional information needs to be provided depending on the reason the leave is being taken. Specifically:
- If the employee is taking the leave because of a quarantine or isolation order, the name of the government entity that issued the order;
- If the employee was told to self-quarantine due to COVID-19, the name of the health care provider who advised the employee;
- If the employee is caring for someone else, the employee must provide the name of the relevant government entity that issued the quarantine or isolation order, or the name of the health care provider who advised the individual to self-quarantine; or
- If the employee is taking care of a child whose school is closed or child care is unavailable due to COVID-19, then the employee must provide the child’s name, the school/daycare name, and a representation that no other suitable person will be caring for the child during the requested leave.
The new regulations allow reasonable notice procedures after the first workday an employee takes paid sick leave, although DOL encourages employees to give notice as soon as practicable. But, if the employee fails to give proper notice, the employer should tell the employee and give the employee an opportunity to provide the required documentation prior to denying the request for leave.
The employer may also request that an employee provide such additional material as needed for the employer to support a request for tax credits pursuant to the FFCRA. That guidance can be found on the Treasury Department’s website.
The employer is not required to provide leave if materials sufficient to support the applicable tax credit have not been provided.
Copyright © 2020, Murphy Austin Adams Schoenfeld LLP. All rights reserved. Please be assured that we make every effort to make certain that the information contained in this alert is current at the time this email was delivered. Because laws and legislation are constantly changing, please contact us if you are unsure whether this material is still current. Nothing contained herein should be construed as legal advice or a legal opinion on any specific facts or circumstances. The contents are intended to be for general information purposes only. We assume no liability in connection with the use of the information contained in this article. Given the rapidly evolving nature of legal and governmental responses to the COVID-19 pandemic, unfolding events likely will supersede many of the issues discussed in these updates. We encourage you to contact our lawyers directly for the most current information and counsel regarding legal and governmental responses to the COVID-19 pandemic. Please contact us to answer any questions you may have.
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