News & Media
FFCRA Paid Leave Extension – What Changes Were Made?
By Jodi Schafer, SPHR, SHRM-SCP
QUESTION: I’m confused about the Families First Coronavirus Response Act (FFCRA) leave. I know that last spring paid leave under FFCRA for coronavirus-related reasons was mandated for our business. Guidance came out piecemeal and it was a bit of a mess for a while. I thought it ended in December, but now I am seeing information about it being extended through September. Is this mandatory? Do the banks reload if the employee used up all of their time last year? Help!
Two weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor; and
- Obtaining a COVID-19 vaccine;
- Recovering from any illness or condition related to the COVID-19 vaccine; or
- Seeking or awaiting the results of a COVID-19 diagnosis or test if either the employee has been exposed to COVID-19 or the employer requested the test or diagnosis.
It’s not just paid sick leave that has been affected. Paid medical leave has been expanded to 12 paid weeks vs. 10 paid weeks and the qualifying reasons for paid medical leave now include any of the reasons found under paid sick leave. This means that an employee could potentially be out for 14 paid weeks (2 weeks of paid sick leave + 12 weeks of paid medical leave), assuming the employee had not previously used any paid family leave under FMLA rules.
As of the writing of this article, the Department of Labor has not yet released guidance to aid employers and employees in interpreting these new rules. What we do know is that this continues to be a voluntary program. As such, the thinking is that you can decide to enact none, all, or a portion of it as you see fit, so long as your decision doesn’t discriminate in favor of highly compensated employees, fulltime employees or on the basis of employment tenure. Be sure to check the Department Labor website for real-time guidance and answers to frequently asked questions if you are planning to continue offering FFCRA leave in your business.
1 https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave
HELPFUL ARTICLES/LINKS:
- FFCRA Paid Leave Extension – What Changes Were Made? (HRM Article)
- New Life to the FFCRA(Butzel Long article)
- How Does the American Rescue Plan Change FFCRA Paid Leave Options(National Law Review article)
- New COVID Relief Act Provides COBRA Premium Subsidies(National Law Review article)
- American Rescue Plan Includes Key Employee Benefit Changes(Butzel Long article)