Families First Coronavirus Response Act (FFCRA)
Congress Declines to Extend Mandated FFCRA Leave Beyond December 31 But Provides Tax Credit to Employers Who Voluntarily Extend Paid Leave

Congress Declines to Extend Mandated FFCRA Leave Beyond December 31 But Provides Tax Credit to Employers Who Voluntarily Extend Paid Leave

Note: This client update is based on the stimulus bill passed by Congress and sent to the President for signature earlier this week. This bill is not law until the President signs the legislation, and recent news reports suggest that President Trump finds some portions of the stimulus bill objectionable. We will continue to monitor the status of this legislation and will report promptly when the...

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“Health Care Providers” Under the FFCRA: Department of Labor Revises the Regulation and Focuses the Field of Employees Eligible for Leave

By: Anne V. O'Meara, Laurie E. Meyer, and Anthony J. Steffek On September 11, 2020, the Department of Labor (DOL) released its second interpretation of the Families First Coronavirus Response Act (FFCRA). The new DOL rule, which took effect on September 16, revised the original rule’s definition of “health care provider” to provide up to twelve weeks of paid leave to an expanded field of...

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FFCRA Regulations

By: Abby S. Busler, Laurie E. Meyer, and James M. Kalny On April 1, 2020, the Department of Labor (DOL) issued its interim regulations in connection with the Families First Coronavirus Response Act (FFCRA), as title 29 of the Code of Federal Regulations part 826. The regulations are preceded by 82 pages of guidance. The following highlights the guidance provided on the regulations. 29 CFR §...

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IRS Issues Strict Rules and Documentation Requirements for Required Paid Leave Credit, Launches Employee Retention Credit

By: Bruce B. Deadman and Laurie E. Meyer Yesterday the IRS took two actions which have an immediate impact on employers regarding what documentation they must keep in order to get a refundable tax credit for their employees’ paid leave under the Families First Coronavirus Response Act (FFCRA), and how businesses may qualify for a tax credit of up to $10,000 for regular wages paid to employees...

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The “Small Business Exemption” to the Families First Coronavirus Response Act (FFCRA): Who Qualifies? And What is the Exemption?

By: Laurie E. Meyer Many employers are aware that when Congress initially passed the FFCRA, it allowed the Secretary of the Department of Labor (DOL) to issue later rules exempting employers with fewer than 50 employees (“small business”) from its requirements if compliance would jeopardize “the viability of the employer’s business as a going concern.” The DOL did not initially elaborate on...

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Updates Regarding Families First Coronavirus Response Act Date Change

By: Abby S. Busler Recently, the Department of Labor (DOL) began issuing guidance and posters regarding the upcoming Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act (EFMLA). Most importantly, the initial start date has changed, and the FFCRA begins on April 1, 2020.  No this is not an April...

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Employer Guidance: Preparing for a Positive COVID-19 Test Among Employees

By: Abby S. Busler As the pandemic escalates, businesses are adapting and reacting to the changing times.  It is likely that employers will have employees test positive with COVID-19 within the next few weeks and months.  The positive tests will create employee absenteeism, changes in patterns of commerce and potential interruptions of supply/delivery.  Many of you are wondering, what must you...

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