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Late in the day on December 27, 2020, President Trump signed the Consolidated Appropriations Act of 2020, which contains the latest in coronavirus relief measures. The massive 5,593-page legislation covers a wide variety of topics. This alert provides a high-level overview of two of the new law s provisions that will directly impact employers and individual employees: extension of tax credits for FFCRA-type leave, and expanded unemployment benefits.
Families First Coronavirus Response Act Tax Credits Extended, while Mandate Ends
The Families First Coronavirus Response Act (FFCRA) generally requires private employers with fewer than 500 employees to provide 80 hours of Emergency Paid Sick Leave and 10 weeks of paid Emergency Family and Medical Leave, as covered in Stinson s March 19, 2020 alert. The new Appropriations Act does not extend the
Tuesday, December 29, 2020
The new COVID-19 stimulus package is now law. As discussed below, it provides some employers an incentive to extend certain COVID-19 related leave benefits through Q1 2021.
Optional FFCRA Tax Credits Extended Through March 31, 2021
The Families First Coronavirus Response Act (“FFCRA”), which became effective April 1, 2020, requires covered employers (generally those with
fewer than 500 employees) to provide Emergency FMLA Leave and Emergency Paid Sick Leave to qualifying employees who are unable to telecommute because of specific COVID-19 related reasons. We wrote about the FFRCA’s main provisions here, and the U.S. Department of Labor’s FFCRA guidance here. Importantly, the FFCRA provides private employers with a refundable dollar-for-dollar payroll tax credit for the mandated leave. The tax credits and leave requirements were originally set to expire on December 31, 2020.
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The $2.3 trillion COVID-19 stimulus is now law. There are a variety of provisions including a modification to the mandated employer leave for exposure and quarantine.
Employers are asking: is the Families First Coronavirus Relief Act (FFCRA) extended? No, the mandate for Emergency Paid Sick Leave (EPSL) and Emergency Family and Medical Leave Extension (EMFLA) will still expire on December 31, 2020, but employers may choose to voluntarily extend it.
Voluntary Leave Programs
Starting in 2021, these are voluntary programs and the employer’s tax benefit is extended to March 31, 2021. This means if an employer wishes to continue these leave programs, they may do so through March 31, 2021, and receive the tax credit as was available during 2020.
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As passed back in March 2020, the Families First Coronavirus Response Act (FFCRA)’s Emergency Paid Sick Leave (EPSL) Act and Emergency Family and Medical Leave Act (EFMLA) requirements by which employers with less than 500 employees must provide paid leave for certain COVID-19-related circumstances will expire as of December 31, 2020. The Coronavirus Response and Relief Supplemental Appropriations Act (Supplemental Bill) passed by Congress on December 21 does not extend those requirements beyond the December 31 date. However, the Supplemental Bill does continue to allow covered employers to take tax credits for such paid leave provided to employees between January 1 and March 31, 2021, if that paid leave would have otherwise been consistent with the FFCRA’s requirements if they had been extended beyond December 31.