Believe it or not, the emergency paid leave provisions of the Families First Coronavirus Response Act (FFCRA) just went live on Wednesday, April 1st. It seems like it has been around a lot longer with all the new information bombarding us. (Click on this link to view our communication last week) We realize that many of you are now deep into the CARES Act Payroll Protection Program SBA loan application process.
The Department of Labor (DOL) released the FFCRA temporary regulations this week. The new regs cover the documentation needed for leaves under FFCRA.
The DOL indicates that the employee must provide a signed statement containing:
- The employee’s name.
- The date(s) for which leave is requested.
- A statement that the employee can’t work or telework because of this reason.
- Which of the six coronavirus-qualifying reason for leave and the applicable information based on the reason:
- the name of the government entity that issued the quarantine or isolation order to which the employee is subject.
- the name of health care provider making the self-quarantine order.
- If childcare related:
- The name of the minor child.
- The name of the school, or childcare provider that is closed/unavailable.
- No other suitable person is available during the period of requested leave.
We have created the attached one-page FFCRA emergency paid leave request form that addresses the required documentation to be utilize with your employees, if you haven’t already developed one. It also includes the FFCRA employee notification posting. FFCRA Emergency Paid Leave Request Form
We have been fielding several questions around FFCRA qualified reasons that employees may use for FFCRA paid leave. There have been several situations and scenarios that have come up and sometimes the guidance has not been available yet by the DOL. Since this is so new, it can be frustrating that there not are answers immediately available. Fortunately, the DOL has been updating their FAQ daily and we are monitoring it regularly. We had a question come up late Thursday afternoon that wasn’t in the FAQ but by Friday a new one for that exact situation was available.
Please contact us if you have questions.