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Client Alert: COVID-19 Considerations For Emergency PSL & Emergency FMLA

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Employee Representations & Substantiation

Action Items

On April 2, 2020 the U.S. Department of Labor (DOL) issued a Temporary Rule on the Families First Coronavirus Response Act's (FFCRA) Paid Sick Leave and Emergency Family and Medical Leave Expansion Act. Additionaly, on April 1, 2020 the IRS issued a FAQ describing the substantiation requirements for the related tax credits. This Client Alert summarizes those employee representations and documentation requirements. The Temporary Rule provides these additional clarifications:

COVID-19 Employee Leave Requirements

To view the substantiation requirements in depth, visit An employee must provide documentation and make certain representations to substantiate the need for a leave that is due to any of the following reasons: that the employee...

Additional DOL Clarifications

We Can Help You

We have been on the forefront of dealing with COVID-19 for our clients. Please contact us if you would like to discuss any of these issues, or if we can otherwise be of assistance.

COVID-19 Resources

We recommend you evaluate the following pandemic-related business and legal considerations that we have been discussing with our clients:


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