NEWS & RESOURCES


Recently, the United States Department of Labor published additional guidance regarding the paid sick leave and expanded FMLA provisions of the Families First Coronavirus Response Act.  Here is a link to the webpage.  https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

Note that Questions 1-14 were published earlier this week and remain unchanged.  Questions 15-37 are new and address issues we have all been waiting for.

Many of you have asked about documentation or proof issues regarding requested EFMLA/EPSL.  Questions 15 and 16, copied below, address employee documentation of needed leave and employer record keeping requirements.

15.  What records do I need to keep when my employee takes paid sick leave or  expanded family and medical leave?


If one of your employees takes paid sick leave under the Emergency Paid Sick Leave Act, you must require your employee to provide you with appropriate documentation in support of the reason for the leave, including: the employee’s name, qualifying reason for requesting leave, statement that the employee is unable to work, including telework, for that reason, and the date(s) for which leave is requested. Documentation of the reason for the leave will also be necessary, such as the source of any quarantine or isolation order, or the name of the health care provider who has advised you to self-quarantine. For example, this documentation may include a copy of the Federal, State or local quarantine or isolation order related to COVID-19 applicable to the employee or written documentation by a health care provider advising the employee to self-quarantine due to concerns related to COVID-19. If you intend to claim a tax credit under the FFCRA for your payment of the sick leave wages, you should retain this documentation in your records. You should consult Internal Revenue Service (IRS) applicable forms, instructions, and information for the procedures that must be followed to claim a tax credit, including any needed substantiation to be retained to support the credit.


If one of your employees takes expanded family and medical leave to care for his or her child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19, under the Emergency Family and Medical Leave Expansion Act, you must require your employee to provide you with appropriate documentation in support of such leave, just as you would for conventional FMLA leave requests. For example, this could include a notice that has been posted on a government, school, or day care website, or published in a newspaper, or an email from an employee or official of the school, place of care, or child care provider. This requirement also applies when the first two weeks of unpaid leave run concurrently with paid sick leave taken for the same reason. If you intend to claim a tax credit under the FFCRA for the expanded family and medical leave, you should retain this documentation in your records. You should consult IRS applicable forms, instructions, and information for the procedures that must be followed to claim a tax credit, including any needed substantiation to be retained to support the credit.


16.  What documents do I need to give my employer to get paid sick leave or expanded  family and medical leave?


You are entitled to paid sick leave if you are unable to work or telework due to a qualifying reason related to COVID-19. You must provide to your employer documentation in support of the reasons for your paid sick leave. These documents may include a copy of the Federal, State or local quarantine or isolation order related to COVID-19 or written documentation by a health care provider advising you to self-quarantine due to concerns related to COVID-19. 

You must provide to your employer documentation in support of your expanded family and medical leave taken to care for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19-related reasons. For example, this requirement may be satisfied with a notice of closure or unavailability from your child’s school, place of care, or child care provider, including a notice that may have been posted on a government, school, or day care website, published in a newspaper, or emailed to you from an employee or official of the school, place of care, or child care provider. Your employer must retain this notice or documentation in support of expanded family and medical leave, including while you may be taking unpaid leave that runs concurrently with paid sick leave if taken for the same reason.


Please also note that all existing certification requirements under the FMLA remain in effect if you are taking leave for one of the existing qualifying reasons under the FMLA. For example, if you are taking leave beyond the two weeks of emergency paid sick leave because your medical condition for COVID-19-related reasons rises to the level of a serious health condition, you must continue to provide medical certifications under the FMLA if required by your employer.


KPH+J will continue update you on information as it becomes available.


Stay safe!

  • KPHJ Admin

The business world is currently challenged by the COVID-19 coronavirus.  Klein Paull Holleb & Jacobs attorneys are ready to help your business navigate the rocky shoals of employment law in the COVID-19 environment.  Whether you need advice on compliance with new laws, advice on layoffs, furloughs or reductions in force, union issues including collective bargaining agreement compliance or negotiation, or employment strategies, we are here to assist you in addressing the unprecedented challenges to your business.  Please reach out and we will be there for you.

In the meantime, here are some key resources:

CDC COVID-19 Resources for Employers

United States Department of Labor Coronavirus Resources

Illinois Department of Labor FAQs Regarding Coronavirus

CDC Coronavirus Tracker

State of Illinois Coronavirus (COVID-19) Response

Illinois Stay at Home Executive Order FAQs

IRS News Release on Employer Tax Credits for Families First Coronavirus Response Act




Updated: Apr 12, 2019

We're proud to announce new name partner Michael A. Paull as we officially changed the name of the firm from Klein, Dub & Holleb, Ltd. on January 1, 2018.


We look forward to an exciting new chapter in the firm.


Our name may change but our mission remains to help employers maximize profitability through the establishment and maintenance of preventive human resource programs and the cost effective defense of claims.



Our HR programs are designed to encourage teamwork, increase productivity, and improve morale, thereby reducing the risk of employees seeking outside assistance for resolution of their problems. When defending employers before administrative agencies or in court, we are pro-active and decisive, consistent with the client’s business goals. We will achieve our mission in a cost effective manner with thorough preparation, diligent follow-through, creativity, and unparalleled responsiveness.

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