Update Regarding the FFCRA

The Department of Labor issued guidance regarding Employers’ obligations to employees for covered sick leave under the Families First Coronavirus Recovery Act (FFCRA). The answer to Question 104 on the DOL website indicates that Employers are not required to provide employees with FFCRA leave after December 31, 2020, but the Employer may voluntarily decide to provide employees such leave. The obligation to provide FFCRA leave only applies from the law’s effective date of April 1, 2020, through December 31, 2020.

Any change to extend the requirement to provide leave under the FFCRA would require an amendment to the statute by Congress, which has not yet occurred.

While the Consolidated Appropriations Act, 2021, extended employer tax credits for paid sick leave and expanded family and medical leave voluntarily provided to employees until March 31, 2021, the Act did not extend an eligible employee’s entitlement to FFCRA leave beyond December 31, 2020.

For more information, contact Matthew E. Cox, Partner at Smith, Currie & Hancock