Employers cannot simply file a form without having supporting documents to substantiate the additional emergency compensation paid to employees under the Families First Coronavirus Relief Act (FFCRA).  According to the IRS’s website, an Eligible Employer must receive a written request for such leave from the employee in which the employee provides:

• 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.

The IRS website goes on to say that in the case of a leave request based on a quarantine order or self-quarantine advice, “the statement from the employee 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(ren) to be cared for, the name of the school(s) that has closed or individual/place of childcare 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 expanded FMLA 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.

For answers to more of your questions about FFCRA, please contact our Employment & Labor Law Group.

Visit our COVID-19 Resource Page for more updates.