Saying Goodbye to 2020 and FFCRA Leave
Miller & Martin PLLC Alerts | December 30, 2020
Author: Stacie Caraway
Happy New Year!
We have received several questions this week regarding the current status of the paid sick leave and expanded FMLA leave which were provided back in March under the "original" Families First Coronavirus Response Act (FFCRA). Some confusion has been created by so many resources speculating as to what "could be passed" versus what was actually signed into law by President Trump last week.
So, the answer is that the FFCRA paid sick and expanded FMLA leave is ending as of December 31, 2020, as originally planned back in March, unless individual employers want to allow employees who have not already used/exhausted this leave to do so through March 31, 2021. Employers who choose to do this will be able to continue getting the tax credits which were provided in the FFCRA back in March of 2020.
A quick word for those employers who decide not to use this option, do not forget that your employees also may still qualify to use "regular" unpaid FMLA leave if they or a parent, spouse or a minor or disabled adult child contract COVID-19 after December 31, 2020. For those employers who use the "rolling look back" FMLA leave tracking method, you also get to "count" any expanded (paid) FMLA leave which has been used in the past 12 months from when they need to use leave in 2021 against an employee's total of 12 weeks of "regular" FMLA leave.
While we know everyone is going to be so sad to see this amazing year come to an end (NOT!), we wish all of you a tremendously improved and much less chaotic 2021.