What Documentation Can Employers Request Under FFCRA

We have had questions from our members who have fewer than 500 employees about what they can require as documentation under the Families First Coronavirus Response Act (FFCRA). For the rest of 2020, employers should follow the FFCRA documentation rules.

FFCRA calls it “documentation,” but it really requires information about what outside entity has made decisions about an employee staying at home:

  • name of public health agency issuing an order
  • name of health care provider recommending staying at home
  • name of school having at-home schooling or daycare not being open for business

It does not include requirements to have any other written documentation from those entities that would concern a particular employee.

Employers must follow FFCRA if they are covered under the Act, despite any state law with greater requirements if following the FFCRA provides more leniency to employees than the state law where they are located.

If you have questions about this, give us a call. We can help!