COVID-19 Employee Leave Requirements & Documentation

Supplement to COVID-19 Considerations For Emergency PSL & Emergency FMLA (Barack Ferrazzano Client Alert, April 2020)

Employers are required to keep records of the need for leave (both granted and not granted) for four years.

For all leaves the employee is required to provide the employer with documentation of the need for the leave that includes the following general information and the more specific information described for the particular leave:

• Employee’s name
• The date(s) for which leave is requested
• The qualifying reason for the leave
• An oral or written statement that the employee is unable to work (including by means of telework), because of the qualified reason for leave. If oral, the employer must document the statement

In addition, the employee must provide the following more specific information, if the employee:

• Is subject to a federal, state, or local quarantine or isolation order related to COVID-19 (coronavirus)
  • The name of the government entity that issued the quarantine or isolation order
• Has been advised by a health care provider to self-quarantine due to concerns related to COVID-19
  • The name of the health care provider who advised the employee to self-quarantine
• Is experiencing symptoms of COVID-19 and seeking a medical diagnosis
  • The name of the health care provider who the employee is seeking a medical diagnosis
  • The date the employee became unable to work because the employee is taking affirmative steps to obtain a medical diagnosis
• Is caring for an individual who is subject to an order under (1) above or has been advised under (2) above
  • The name of the government entity that issued the quarantine or isolation order
  • The name of the health care provider who advised the individual being cared for to self-quarantine
    • Name of the individual being cared for
    • Relationship (immediate family member, a person who regularly resided in the employee’s home, 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 were quarantined or self-quarantined)
    • Representation that the individual depends on the employee to care for him or her, the employee would be able to perform work (either at place of business or telework)
• Is caring for a child due to school closure or unavailability of a childcare provider
  • The name of the child being cared for
  • The age of the child
  • The name of the school, place of care, or child care provider that has closed or become unavailable
  • Representation that no other suitable person is available to provide the care the child needs
  • If the child is older than 14, a statement that special circumstances exist requiring the employee to provide care during daylight hours
  • If the child is 18 or older, a statement that the child is incapable of self-care