ARTICLE
12 January 2021

The FFCRA – Was It Extended And What Does It Mean?

FL
Foley & Lardner
Contributor
Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
As we have previously discussed, last spring's Families First Coronavirus Response Act (FFCRA) was designed to provide temporary paid leave benefits due to COVID-19 for employees of U.S.
United States Coronavirus (COVID-19)
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As we have previously discussed, last spring's Families First Coronavirus Response Act (FFCRA) was designed to provide temporary paid leave benefits due to COVID-19 for employees of U.S. employers with fewer than 500 employees. The FFCRA leave benefits expired under the original statute on December 31, 2020.  However, under the Consolidated Appropriations Act signed by President Trump on December 27, the employer payroll tax credit for paid sick and family leave under FFCRA was extended through March 31, 2021.  The DOL issued guidance for employers on December 31, 2020.

The new DOL guidance informs employers that they are not required to provide Families First Coronavirus Response Act (FFCRA) leave after Dec. 31, 2020, but may do so voluntarily.  The relief package does not change the total amount of leave available (from the effective date of the FFCRA now through March 31, 2021), the qualifying reasons for which employees may take leave, the caps on the amount of pay employees are entitled to receive, or the FFCRA's  documentation requirements.  It merely permits employers (under 500 employees) to choose to provide such leave to eligible employees and seek a payroll tax credit for any such leave provided.  This extension does not create a new bucket of leave time and therefore only applies to those employees who did not previously use their available leave under the FFCRA in 2020.

Again, employers are not obligated to provide the leave, but if they choose to provide paid leave through March 31, 2021, they can take payroll tax credits.  Questions about the tax credits can be found on the IRS website: http://www.irs.gov/coronavirus/new-employer-tax-credits.  It is important to note the IRS has not yet updated this site since the extension of the tax credits.

The DOL also updated its FAQs about the FFCRA to inform employers and employees that the DOL will enforce the FFCRA for complaints made within the appropriate statute of limitations (two years from the date of the alleged violation (and three years if the violation was willful).

Originally Published by Foley & Lardner, January 2021

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
12 January 2021

The FFCRA – Was It Extended And What Does It Mean?

United States Coronavirus (COVID-19)
Contributor
Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
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