April 27, 2020

Employees who are requesting leave under the FFCRA either for the Expanded Family and Medical Leave or Emergency Paid Sick Leave must provide employers with sufficient documentation to justify the need for leave and show that the leave is taken for a qualifying reason.  It is critically important that employers receive proper documentation from employees so that companies can substantiate their claim for tax credits under the FFCRA.  This documentation must include the employee’s name, the date or dates for which leave is requested, a statement of the COVID-19 related reason the employee is requesting leave and written support for such reason and a statement that the employee is unable to work, including by means of telework, for such reason.
 
In the case of a leave request based on a quarantine order or self-quarantine advice, the statement should include the name of the governmental entity ordering quarantine or the name of the health care professional advising self-quarantine, and, if the person subject to quarantine or advised to self-quarantine is not the employee, that person’s name and relation to the employee.
 
In the case of a leave request based on a school closing or child care provider unavailability, the statement from the employee should include the name and age of the child (or children) to be cared for, the name of the school that has closed or place of care that is unavailable, and a representation that no other person will be providing care for the child during the period for which the employee is receiving family medical leave and, with respect to the employee’s inability to work or telework because of a need to provide care for a child older than fourteen during daylight hours, a statement that special circumstances exist requiring the employee to provide care.