Employer's Recordkeeping Requirements For Leave Requests Under The FFCRA

On April 6, 2020, the United States Department of Labor ("DOL") issued its Temporary Rule promulgating regulations to implement the leave entitlements authorized by the Families First Coronavirus Response Act ("FFCRA").

The relevant DOL regulations provide that an employee is required to provide to his or her employer certain documentation pursuant to a request for leave under the Emergency Sick Leave Act ("EPSLA") or Emergency Family and Medical Leave Expansion Act ("EFMLEA"), both of which we have previously covered here.  Employers, in turn, are required to maintain this documentation for four years, regardless of whether the request for leave is granted or denied.  Moreover, if an employee provides oral statements to support a request for leave under the EPSLA or EFMLEA, the employer is required to document and maintain such information in its records for four years. Finally, a small employer (<50 employees) claiming an exemption from providing leave under the