Columbia EDP Blog

Are there situations when you can deny an FFCRA leave to an employee?

corona-3I have an employee that has requsted to use the FFCRA leave since her child's school is closed and they are learnign remotely.  The employee's child is in high school and is able to care for themselves during the day.  Can I deny the FFCRA leave to the employee? 

No.  Employees are entitiled to emergency FMLA (EFMLA) when they are unable to work or telework because they need to care for a child because the child's school or place of care has been closed, or the childcare provider is unavailable, due to COVID-19.  However, if the child or children are 15 or older, you should require that the employee provide a statement or affirmation that there are special circumstances that cause the older child to need thier care.  They do not need to provide any further information that there are special circumstances that cause the older child to need their care.  They do not need to provide any further informtion beyond that statement (such as what the special circumstances are).  If you feel it necessary, you can remind all employees that it is necessary, you can remind all employees that it is fradulent to take FFCRA leave if they are not unbable to work as a result of the care they will be providing.  

Have more questions on FFCRA leave policy?  Talk to our HR Sepcialist today.  Contact us

Posted Date: 2020-09-02

« Return