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Extension of Credit for Paid Leave Provided When There Is No State or Local Law Mandating Such Paid Leave
The Consolidated Appropriations Act, 2021 (the “Act”) amended many provisions. It amended the employer credit under code section 45S(i), which provides a credit to an employer for providing paid family and medical leave to employees who are not eligible for the federal Family and Medical Leave Act. The credit ranges between 12.5% and 25% of the amount paid towards a paid leave. This is a tax credit added by the Tax Cuts and Jobs Act (TCJA), and it does not count paid leave that was mandated by any state or federal government. It does not apply to an employer who is subject to the federal Family and Medical Leave Act. It applies to employees who have been employed for one year or longer, and who in the preceding year had not had compensation greater than 60% of the highly compensated employee compensation limit for
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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.