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What are the tax credits under the Families First Coronavirus Response Act (FFCRA)?

Posted by Bonita Hatchett-Bodle

Apr 8, 2020 12:33:07 PM

Tax credits are available to employers between April 1, 2020, and December 31, 2020, for qualifying paid sick leave and expanded medical leave under the FFCRA. The credits are equal to 100% of the stated limit for the types of leave described below. The purpose of the tax credit is to enable employers to provide this paid leave without the additional financial burden during these difficult times.

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Topics: COVID-19, Families First Coronavirus Response Act, EPSLA, EFMLEA, FFCRA

Does overtime pay have to be included when determining paid leave?

Posted by Bonita Hatchett-Bodle

Apr 8, 2020 12:21:31 PM

Yes. The Families First Coronavirus Response Act (FFCRA) requires you to pay an employee for hours the employee would have been normally scheduled to work even if that is more than 40 hours in a week. For example, an employee who is scheduled to work 50 hours a week may take 50 hours of paid sick leave in the first week and 30 hours of paid sick leave in the second week for the total of 80 hours of paid leave.

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Topics: Coronavirus, COVID-19, Families First Coronavirus Response Act

Can an employer deny an employee paid sick leave if the employee was on sick leave due to illness?

Posted by Bonita Hatchett-Bodle

Apr 8, 2020 10:24:02 AM

No. The EPSLA imposes a new leave requirement on employers that is effective beginning on April 1, 2020. If an employee was recently out on FMLA leave due to illness and now has COVID-19, the employer is required to provide paid sick leave if the employee requests the leave on or after April 1, 2020.

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Topics: Coronavirus, COVID-19, EFML, sick leave

In order to receive paid EFMLA leave, the employee must be employed for 30 days. How is this determination made?

Posted by Bonita Hatchett-Bodle

Apr 8, 2020 10:20:45 AM

For purposes of the Emergency Family and Medical Leave Expansion Act (EFMLA), an employee is considered to have been employed for at least 30 calendar days if the employee was on the employer’s payroll for at least 30 days immediately prior to the day the leave would begin. For example, if an employee requested leave on April 1, 2020, the employee would need to have been on the employer’s payroll as of March 2, 2020. If an employee had been working for an employer as a temporary employee, and the employee is subsequently hired on a full-time basis, the days of temporary employment count toward the 30-day eligibility period.

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Topics: Coronavirus, COVID-19, EFML

Who qualifies as a son or daughter for purposes of EFMLA leave?

Posted by Bonita Hatchett-Bodle

Apr 8, 2020 10:18:52 AM

Under the Emergency Family and Medical Leave Expansion Act (EFMLA), a “son or daughter” is your own minor child under the age of eighteen, which includes your biological, adopted, or foster child, your stepchild, a legal ward, or a child for whom you are standing in loco parentis—someone with day-to-day responsibilities to care for or financially support a child. A “son or daughter” also includes an adult son or daughter (i.e., one who is eighteen years of age or older), who (1) has a mental or physical disability, and (2) is incapable of self-care because of that disability.

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Topics: Coronavirus, COVID-19, EFML

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