The long-awaited regulations from the Department of Labor was released on April 1. The 125-page document sets forth the DOL's interpretation on the qualifying circumstances to approve leave, when leave may be reasonably denied, documentation requirements, and substitution of other leave benefits while on EPSLA and/or EFMLEA leaves. Separately, the IRS also provided guidance on needed documentation. Accordingly, we have analyzed the important provisions of the regulations, and developed a new reference chart for employers and HR professionals to use in determining whether an employee's leave request may be eligible under the FFCRA's requirements.
In light of the new DOL regulations providing additional clarification on circumstances of which leaves may be approved and denied, our firm has prepared an updated Leave Approval Reference Chart based on the latest DOL regulations and requirements to make this a handy reference for employers. This is in addition to our previous chart explaining key employer requirements under the FFCRA (which is attached to the new updated chart).
Importantly, the DOL clarified that paid sick leave may not be taken to care for someone with whom the employee has no personal relationship. The individual being cared for must be an immediate family member, roommate, or a similar person with whom the employee has a relationship that creates an expectation that the employee would care for the person if he or she self-quarantined or was quarantined. Also, an employer may require the employee to comply with its usual notice procedures and requirements, absent unusual circumstances. If an employee fails to give proper notice, the employer should give them notice of the failure and an opportunity to provide the required documentation prior to denying the request for leave. An employer must retain all documentation for four years, regardless of whether leave was granted or denied.
With so many questions, join us on April 17 at 10:30 a.m. as part of CalGovHR's free Virtual Townhall & Mega HR Training online to learn about the topic of "Does 'Shelter in Place' Mean Everyone is Eligible for Emergency Paid Sick Leave Under the FFCRA? Answers to Questions HR Might Want to Know!". Boucher Law remains very honored to assist HR professionals and employers in analyzing the various leave scenarios during this time, and we look forward to "seeing" everyone online - free registration here.
