4. Documentation Requirements. Under the FFCRA, employees wishing to take ePSL must provide notice to their employer after the first day they are on leave, and employees wishing to take eFMLA leave must provide notice as soon as practicable. The regulations require employees to submit documentation regarding their need for leave prior to taking leave. The court found that the timing of the documentation requirement is inconsistent with the FFCRA’s notice provisions. RESULT: While employers may still require documentation, they cannot require that employees provide documentation before taking leave. The Future It is anticipated that the DOL will appeal the judge’s ruling. However, in the interim, employers that do not follow the court’s revised interpretation of these four provisions are at risk of noncompliance and associated penalties. Other than the four provisions that were invalidated, the remainder of the regulations remain in effect.
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