While the documentation requirements may differ from state to state based on regulations, for purposes of confirming the family relationship type of affinity, we expect this to follow the same lines as the Family and Medical Leave Act (FMLA). Documentation for the FMLA may include a child’s birth certificate, court document, simple statement from the employee, etc. Since there are no specific forms of documentation for affinity relationships at this time, a simple statement from the employee can likely be used as verification. As PFML programs continue to expand and the definition of what constitutes a family member evolves, we suspect there will be additional guidance around acceptable forms of documentation for validating affinity relationships.
Resources
FAQ Fridays
Some state paid family and medical leave (PFML) regulations are broadening the definition of a family member to include those who are “like a family relationship”. Are employers able to validate these affinity relationships? And if so, how?
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