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Department of Labor Provides Guidance Related to the Expiration of the FFCRA

By Michael N. Chesney on January 5, 2021
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Originally effective on April 1, 2020, the Families First Coronavirus Response Act (“FFCRA”) required certain employers with fewer than 500 employees to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The FFCRA specified an effective date through December 31, 2020. While many anticipated that Congress would take action to extend the law’s effective date beyond the end of 2020, this never occurred.

Recently, the DOL issued guidance clarifying that employers are not required to provide additional leave under the FFCRA after December 31, 2020, but they may choose to do so through March 31, 2021, and still receive tax credits for paid sick leave. The DOL supplemented its previously issued Questions and Answer guidance, explaining that employers can voluntarily provide paid leave until the end of March:

Your employer is not required to provide you with FFCRA leave after December 31, 2020, but your employer may voluntarily decide to provide you such leave.  The obligation to provide FFCRA leave applies from the law’s effective date of April 1, 2020, through December 31, 2020.  Any change to extend the requirement to provide leave under the FFCRA would require an amendment to the statute by Congress.  The Consolidated Appropriations Act, 2021, extended employer tax credits for paid sick leave and expanded family and medical leave voluntarily provided to employees until March 31, 2021.  However, this Act did not extend an eligible employee’s entitlement to FFCRA leave beyond December 31, 2020.

Thus, employers have discretion, but not an obligation, to provide additional FFCRA leave (and receive the resultant tax credit) to employees who had not previously exhausted their FFCRA leave entitlement.

Photo of Michael N. Chesney Michael N. Chesney

Mike represents management in all aspects of labor and employment law, including representing employers in court, arbitrations, administrative proceedings, and other disputes. He advises companies, both large and small, on human resources issues and litigation prevention, including advice on terminations, compliance with employment…

Mike represents management in all aspects of labor and employment law, including representing employers in court, arbitrations, administrative proceedings, and other disputes. He advises companies, both large and small, on human resources issues and litigation prevention, including advice on terminations, compliance with employment laws, workplace investigations and the preparation of policies and employment agreements. Mike prides himself on providing strategic and practical advice to minimize the risk of employment litigation. Should litigation arise, Mike is a prepared, practical and aggressive advocate for his clients. He has successfully represented employers in single plaintiff and class/collective actions in state and federal courts, arbitration matters, and before administrative agencies throughout the country.

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  • Posted in:
    Employment & Labor
  • Blog:
    Labor & Employment Law Navigator
  • Organization:
    Frantz Ward LLP
  • Article: View Original Source

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