The Wage and Hour Division (WHD) of the US Department of Labor has published extensive information offering specific guidance for workers and employers regarding protections and relief provided by the Families First Coronavirus Response Act (FFCRA).
The FFCRA offers legal guidelines pertaining to paid sick leave, expanded family leave, and medical leave for specific issues relating to COVID-19.
Established in 2020, the FFCRA law went into effect through December 31, 2020. As of January 1, 2021, the 2020 guidelines for protection and relief for both employees and employers expired.
New 2021 guidelines, relief, and protections by the WHD are now being offered to COVID-19-impacted employers and employees in the US.
A new landing page called ‘Frequently Asked Questions’ is now live on the WHD website and will be in effect until December 31, 2021. The updated information addresses numerous issues relating to the workplace and the ongoing pandemic, with an easy-to-understand list of common questions.
Due to the expiration of the 2020 leave entitlements for employees, many of whom did not take advantage of the COVID-19 law last year, the WHD has added specific new guidelines.
Since the leave entitlements for employees expired on December 31, 2020, the new WHD information answers questions about extensions, how the agency will enforce the law with employers, and in-depth information about the entire process for paid sick leave under the law.
Eligibility for employees under the 2020 FFCRA law stated, “All employees of covered employers are eligible for two weeks of paid sick time for specified reasons related to COVID-19. Employees employed for at least 30 days are eligible for up to an additional ten weeks of paid family leave to care for a child under certain circumstances related to COVID-19.” The Consolidated Appropriations Act (CAA) does not, however, extend an employee’s “entitlement to FFCRA leave beyond December 31, 2020,” meaning employers will no longer be legally required to provide such leave.
Wage and Hour Division Administrator Cheryl Stanton said the new law offers clear information for both employees and employers during difficult times.
“The Wage and Hour Division is attuned to the critical need for American workers and employers to understand this relief program as they deal with the effects of this crisis on the workplace,” said Stanton. “The guidance we issued today provides clarity around some of the novel issues that the FFCRA’s expiration raises. We remain committed to providing as many tools and as much information as possible to all parties.”
The 2021 new guidance now includes employer tax credits for paid leave, expanded family leave, and medical leave, that extend through March 31, 2021.
Tax credits for employers with less than five hundred employees are available to help small businesses cover paid leave in cases for both personal illnesses due to COVID-19 and that of Coronavirus-stricken family members who need assistance at home.
The new webpage states, “By extending these tax credits to employers who voluntarily provide FFCRA leave, the CCA enables employers to provide paid leave, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus.”
Information for both employees and employers can be found at https://www.dol.gov/agencies/whd/pandemic
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