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The Families First Coronavirus Response Act (FFCRA) contained an employee leave mandate which expired on December 31, 2020. The U.S. Department of Labor (DOL) has included two additional Q&As regarding leave entitlements before or after this date.
Q&A 104 explains that employers are not required to provide employees with FFCRA leave after the expiration date even if an employee did not use up all their available 2020 leave. The employer’s obligation to provide leave was only applicable from April 1, 2020 through December 31, 2020. An extension to FFCRA leave would require an amendment from Congress.
For 2021, employers may choose to voluntary provide leave. If they elect to do so, they can receive tax credits for any leave provided until March 31, 2021.
Q&A 105 states that employees must be compensated for FFCRA leave taken before December 31, 2020. If employees are not compensated, they can file a complaint with the DOL’s Wage and Hour Division. Employees are also eligible to a private right of action for alleged violations.
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This blog is intended to be a compilation of information and resources pulled from federal, state, and local agencies. This is not intended to be legal advice. For up to the minute information and guidance on COVID-19, please follow the guidelines of the Centers for Disease Control and Prevention (CDC) and your local health organizations.
National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.
