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What documentation and records do you need to keep on file for the new FFCRA paid sick leave?

Updated: Apr 2



Post updated: 04/01/2020


When your employees take Paid Sick Leave and Expanded FMLA leave under the Families First Coronavirus Response Act there may be required forms and documents that you must keep on file. And, if your company wants to partake in the refundable tax credits, make sure you have all the documents you need.


The IRS published guidelines on 04/01/2020 about the documentation and information that employers should retain when employees take Paid Sick Leave and Emergency FMLA.


Employees should provide a written request that provides the following information:

  1. The employee’s name;

  2. The date or dates for which leave is requested;

  3. A statement of the COVID-19 related reason the employee is requesting leave and written support for such reason; and

  4. A statement that the employee is unable to work, including by means of telework, for such reason.


Written support - what you need to have on file:

  • 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.


Source: https://www.irs.gov/newsroom/covid-19-related-tax-credits-for-required-paid-leave-provided-by-small-and-midsize-businesses-faqs#substantiate_eligibility


As a reminder, any documentation that you retain and keep that includes medical information should be under lock and key and only accessible to those who need access to the information.


Additional resources can be found here: https://www.simplyhrpartners.com/covid-19-resources

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