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Administration Strengthens Requirements That Plans and Issuers Cover COVID-19 Diagnostic Testing Without Cost Sharing and Ensures Providers Are Reimbursed for Administering COVID-19 Vaccines to Uninsured
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS] Link to more items from this source
[Guidance Overview]
Feb. 27, 2021

"This guidance makes clear that private group health plans and issuers generally cannot use medical screening criteria to deny coverage for COVID-19 diagnostic tests for individuals with health coverage who are asymptomatic, and who have no known or suspected exposure to COVID-19. Such testing must be covered without cost sharing, prior authorization, or other medical management requirements imposed by the plan or issuer.... In addition, the guidance confirms that plans and issuers must cover point-of-care COVID-19 diagnostic tests, and COVID-19 diagnostic tests administered at state or locally administered testing sites. "

Tags: CARES Act  •  COVID-19  •  FFCRA  •  Health Plan Administration  •  Health Plan Design

Congress Extends Tax Credit for Paid Family and Medical Leave
Mercer Link to more items from this source
[Guidance Overview]
Feb. 15, 2021

"The temporary credit ranges from 12.5% to 25% of wages paid to qualifying employees for up to 12 weeks of family and medical leave per taxable year. However, certain requirements and limitations put the credit out of reach for many employers with paid leave programs."

Tags: COVID-19  •  FFCRA  •  FMLA and Other Leave

IRS Issues Updated Form 8994 for Employer Tax Credit for Paid Family and Medical Leave
Thomson Reuters / EBIA Link to more items from this source
[Guidance Overview]
Feb. 11, 2021

"Employers that provided paid family and medical leave during the 2020 tax year -- especially those that also provided paid leave related to COVID-19 -- will want to review the updated [Form 8994] and instructions when preparing their tax return"

Tags: COVID-19  •  FFCRA  •  FMLA and Other Leave  •  Reporting to Government Agencies

Local California COVID-19 Paid Sick Leave Ordinances Fill Gap Left by FFCRA Expiration
Liebert Cassidy Whitmore Link to more items from this source
[Guidance Overview]
Feb. 11, 2021

"[T]he cities of Oakland and San Jose, and the County of Los Angeles, have local ordinances in place that apply to both smaller and larger employers. Many other jurisdictions are considering enacting similar ordinances[.]"

Tags: FFCRA  •  FMLA and Other Leave  •  Local Regulation

Editor's Pick New IRS Form Available for Self-Employed Individuals to Claim COVID-19 Sick and Family Leave Tax Credits Under FFCRA
Internal Revenue Service [IRS] Link to more items from this source
[Official Guidance]
Feb. 8, 2021

"Eligible self-employed individuals will determine their qualified sick and family leave equivalent tax credits with the new IRS Form 7202, Credits for Sick Leave and Family Leave for Certain Self-Employed Individuals PDF. They'll claim the tax credits on their 2020 Form 1040 for leave taken between April 1, 2020, and December 31, 2020, and on their 2021 Form 1040 for leave taken between January 1, 2021, and March 31, 2021."

Tags: COVID-19  •  FFCRA  •  FMLA and Other Leave

Santa Rosa, California Extends and Amends Its Emergency Paid Sick Leave Ordinance
Littler Link to more items from this source
[Guidance Overview]
Feb. 5, 2021

"The amendments took effect immediately on February 2, 2021, extending the ordinance through March 31, 2021, or the date federal tax credits expire for providing paid leave under the federal [FFCRA], whichever is later."

Tags: FFCRA  •  FMLA and Other Leave  •  Local Regulation

Tracking Federal COVID-19 Laws Affecting Employee Benefits, Jobs (PDF)
Mercer Link to more items from this source
[Guidance Overview]
Feb. 3, 2021

20 pages. Summary of significant employment-related provisions in COVID-19 relief legislation, including measures affecting: [1] Retirement plans; [2] Health benefits; [3] Paid leave benefits; [4] Other health, welfare and retirement benefit requirements; [5] Other tax credits, deductions and financial aid for employers and individuals.

Tags: CARES Act  •  COVID-19  •  FFCRA  •  Health Plan Administration  •  Retirement Plan Administration

IRS Updates FAQs on Paid Sick Leave Credit and Family Leave Credit
Internal Revenue Service [IRS] Link to more items from this source
[Official Guidance]
Jan. 29, 2021

Information Release 2021-26, Jan. 29, 2021. "The [IRS] today posted updated FAQs about recent legislation that extended and amended tax relief to certain small- and mid-sized employers under the [FFCRA]. The FAQs are available at COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs. The updates to the FAQs cover how the COVID-related Tax Relief Act of 2020, enacted December 27, 2020, extends the availability of the tax credits created by the FFCRA to eligible employers for paid sick and family leave provided through March 31, 2021, as well as other amendments to the credits. The paid sick and family leave credits, which previously were available only until the end of 2020, have been extended for periods of leave taken through March 31, 2021."

[Editor's notes: to find the updated FAQs, click on each of the links listed on the foregoing target IRS web page, which is essentially a table of contents. Each link goes to a subset of the FAQs. Almost all of those subsets appear to contain at least one FAQ that is marked "Updated January 28, 2021."

The target page also contains a link to a different page with an updated "overview" of the FAQs. That overview page is useful, but unfortunately has a title that is confusingly similar to the foregoing target page. Be not afraid.]

Tags: COVID-19  •  FFCRA  •  FMLA and Other Leave

Los Angeles County Imposes Retroactive COVID-19 Paid Sick Leave
Seyfarth Shaw LLP Link to more items from this source
[Guidance Overview]
Jan. 29, 2021

"In the wake of the expiration of [FFCRA] paid sick leave, and California's state-wide COVID-19 supplemental paid sick leave, many locales (such as the Cities of Sacramento, Oakland, San Jose, and Sacramento and San Mateo Counties) have extended their COVID-19 paid sick leave ordinances. On January 26, 2021, Los Angeles County followed suit with an ordinance that became effective immediately, and retroactively applies as of January 1, 2021."

Tags: COVID-19  •  FFCRA  •  FMLA and Other Leave  •  Local Regulation

Remember All That COVID-Related Leave Your Employees Took Last Year? It May Render Them Ineligible for FMLA Leave This Year
FMLA Insights Link to more items from this source
[Guidance Overview]
Jan. 28, 2021

"Because the FMLA requires the employee to actually perform work to earn the hours necessary to be eligible for FMLA leave, it means that furloughed hours do not count toward eligibility. It also means the employee who was forced off work due to symptoms of COVID-19 was not actually working for the employer. The result remains the same even if you paid the employee for the time they took (or were forced) off work."

Tags: COVID-19  •  FFCRA  •  FMLA and Other Leave

California COVID-19 Supplemental Paid Sick Leave in 2021
Jackson Lewis P.C. Link to more items from this source
[Guidance Overview]
Jan. 28, 2021

"Now that the leave requirements of the FFCRA (and by extension, California state required supplemental sick leave) have expired, many local agencies are reviewing the supplemental sick leave ordinances that were adopted in 2020. Some agencies have extended the date by which employees may use benefits so that the ordinances have survived beyond the expiration of the FFCRA. Others have expanded the scope of local ordinances to provide for leave for all employees who work in that jurisdiction, not just employees who were previously excluded from the FFCRA."

Tags: COVID-19  •  FFCRA  •  FMLA and Other Leave  •  Local Regulation

Whiplash: Is a New FFCRA on the Horizon?
Husch Blackwell Link to more items from this source
Jan. 28, 2021

"On Thursday, January 14, 2021, President Biden's administration announced ... its proposed $1.9 trillion COVID-19 stimulus relief plan.... [which] proposes to require all employers of any size to provide paid leave and to significantly extend the required paid sick and family leave benefits to essentially all workers through September 30, 2021. The new administration estimates the Plan could provide emergency paid leave to an additional 106 million Americans. To implement coverage, the Plan will impose substantial new burdens on employers by removing prior exemptions under the FFCRA."

Tags: COVID-19  •  FFCRA  •  FMLA and Other Leave

Massachusetts Leave of Absence Obligations and the COVID-19 Pandemic
Littler Link to more items from this source
[Guidance Overview]
Jan. 26, 2021

"If the employee has no symptoms, it is likely he or she will not be entitled to leave under the PFML or FMLA, because that person is not deemed to have a serious health condition. The [Earned Sick Time Law (EST)] allows leave, however, for 'preventative care,' which has been interpreted to cover quarantines. The Massachusetts attorney general has specifically instructed that the EST can be used when a public health official or a health care provider either requires or recommends that an employee or the employee's family member quarantine."

Tags: COVID-19  •  FFCRA  •  FMLA and Other Leave  •  Local Regulation

Now That FFCRA Leave Is Purely Voluntary, Here Are Answers to Common Employer Questions
FMLA Insights Link to more items from this source
[Guidance Overview]
Jan. 13, 2021

"When tackling FFCRA in 2021, keep in mind two critical principles: FFCRA has always provided for a maximum of 2 weeks/80 hours of emergency paid sick leave (EPSL) and a maximum of 12 weeks of emergency paid FMLA (EFML) between April 1, 2020 and March 31, 2021. No more. As of January 1, 2021, FFCRA effectively has become a tax credit statute. Its substantive provisions no longer are enforceable."

Tags: COVID-19  •  Consolidated Appropriations Act, 2021   •  FFCRA  •  FMLA and Other Leave

Employer Considerations for Determining Whether to Continue Providing FFCRA Leave After Law’s Expiration
Fisher Phillips Link to more items from this source
Jan. 7, 2021

"Ultimately it is up to the IRS whether your FFCRA wage payments qualify for the tax credit. This was true in 2020, and not just unique to employers who extend the leave into 2021.... Time spent administering the leave balanced against employee usage  ... Potential for discrimination claims ... Employees using any form of paid leave for an extended period of time have the potential to cause a business disruption to your operations."

Tags: COVID-19  •  FFCRA  •  FMLA and Other Leave

Back to School: Tips for Avoiding FFCRA Liability Traps
Hall Benefits Law Link to more items from this source
[Guidance Overview]
Jan. 6, 2021

"[1] When determining employees' eligibility for FFCRA leaves, consider employees' total use of FFCRA leaves, including leave taken last school year.... [2] Consider intermittent leave options to maximize employee productivity and leave options.... [3] Request documentation to support the qualifying reason for an employee's FFCRA leave, including the employee's statement that his/her child's school was closed for in-person attendance."

Tags: COVID-19  •  FFCRA  •  FMLA and Other Leave

Congress Declines to Extend Required FFCRA Leave Past December 31, 2020
Miles & Stockbridge Link to more items from this source
[Guidance Overview]
Jan. 6, 2021

"[An] employer will likely be unable to claim a tax credit for paid EPSL provided to an employee in 2021 if that same employee already took 80 hours of EPSL in 2020. Similarly, an employer cannot claim a tax credit for the full 80 hours of EPSL voluntarily provided to an employee in 2021 if the same employee took less than 80 hours of EPSL in 2020 ... The available tax credit for paid EFMLA in 2021 is more complicated ... [and] will likely depend on how the employer calculates the 12-month period under its FMLA policies, and how much FMLA/EFMLA an employee has taken during the 12-month period."

Tags: COVID-19  •  Consolidated Appropriations Act, 2021   •  FFCRA  •  FMLA and Other Leave

New Year, New Rules: Status of COVID-19 Leave Laws for New York Employers in 2021
Duane Morris LLP Link to more items from this source
[Guidance Overview]
Jan. 5, 2021

"Covered employers who voluntarily continue to offer FFCRA leave through the first quarter of 2021 will be eligible for the FFCRA tax credit, which reimburses employers for the cost of providing FFCRA leave. For New York employers, though, their responsibilities under Senate Bill 8091, which guarantees certain leave, benefits and job protections to employees affected by COVID-19, remain in full force."

Tags: COVID-19  •  FFCRA  •  FMLA and Other Leave  •  Local Regulation

With Federal COVID-19 Leave Ending, Leave Laws in D.C. and Elsewhere Take Center Stage
Jackson Lewis P.C. Link to more items from this source
Jan. 5, 2021

"D.C.'s COVID-19-leave laws took effect on March 11, 2020, and are set to expire on March 31, 2021. In 2020, employers subject to both the FFCRA and these D.C. laws generally fulfilled their D.C. COVID-19 leave obligations when they provided FFCRA leave to covered employees. Now, employers with workers in D.C. should ensure they provide D.C. COVID-19 leave to covered employees who need it."

Tags: COVID-19  •  FFCRA  •  FMLA and Other Leave  •  Local Regulation

Text of Updated DOL Q&As: Families First Coronavirus Response Act (FFCRA)
Wage and Hour Division [WHD], U.S. Department of Labor [DOL] Link to more items from this source
[Official Guidance]
Dec. 31, 2020

Updated on Dec. 31, 2020, to add Q&As 104 and 105:

  1. I was eligible for leave under the FFCRA in 2020 but I did not use any leave. Am I still entitled to take paid sick or expanded family and medical leave after December 31, 2020?
  2. I used 6 weeks of FFCRA leave between April 1, 2020, and December 31, 2020, because my childcare provider was unavailable due to COVID-19. My employer allowed me to take time off, but did not pay me for my last two weeks of FFCRA leave. Is my employer required to pay me for my last two weeks if the FFCRA has expired? 

Tags: COVID-19  •  Consolidated Appropriations Act, 2021   •  FFCRA  •  FMLA and Other Leave

Employer Options for Continuing FFCRA Paid Leave
Godfrey & Kahn S.C. Link to more items from this source
[Guidance Overview]
Dec. 31, 2020

"Most employers created FFCRA paid leave policies that expressly expire on December 31, 2020. If an employer decides to provide extended FFCRA paid leave to employees, it may need to update its FFCRA policy to reflect that it will be in effect through March 31, 2021.... Even if an employer chooses not to provide FFCRA leave in early 2021, some state and local laws may require an employer to provide COVID-19-related paid leave to employees. In addition, many states have general paid leave laws set to go into effect on January 1, 2021[.]"

Tags: COVID-19  •  Consolidated Appropriations Act, 2021   •  FFCRA  •  FMLA and Other Leave

Year-End Stimulus Bill Permits Extension of FFCRA Leave
Pillsbury Winthrop Shaw Pittman LLP Link to more items from this source
[Guidance Overview]
Dec. 30, 2020

"Covered employers are permitted to extend partially paid FFCRA leave and to claim a payroll tax credit for qualifying leave taken through March 31, 2021. FFCRA rights expire on December 31, 2020, for employees of covered companies who do not voluntarily elect to extend the benefits. Employers must still accommodate employees with disabilities and comply with employee protections mandated by state and local laws."

Tags: COVID-19  •  Consolidated Appropriations Act, 2021   •  FFCRA  •  FMLA and Other Leave  •  Local Regulation

Expiration of the FFCRA and California COVID-19 Supplemental Paid Sick Leave: What Now?
Dentons Link to more items from this source
[Guidance Overview]
Dec. 30, 2020

"Employers with employees who had been on FFCRA leave, which will expire on December 31, 2020, should evaluate the circumstances of continued leave ... Employers allowing employees to continue their FFCRA leave up to the original leave entitlement may claim the payroll tax credit until March 31, 2021. Employers should evaluate what leaves and benefits may be available to employees seeking time off for COVID-19 related reasons, beyond the FFCRA and California COVID-19 Supplemental Paid Sick Leave law."

Tags: COVID-19  •  Consolidated Appropriations Act, 2021   •  FFCRA  •  FMLA and Other Leave  •  Local Regulation

Massachusetts Paid Family and Medical Leave vs. the FFCRA
OneDigital Health and Benefits Link to more items from this source
[Guidance Overview]
Dec. 30, 2020

"For employers with employees working in Massachusetts, [the optional extension of leave under the FFCRA] may introduce some confusion as to how the FFCRA leaves will interact with leaves allowed under Massachusetts Paid Family and Medical Leave (MAPFML) which become available January 1, 2021.  In some cases, the FFCRA and MAPFML leaves will accrue concurrently."

Tags: COVID-19  •  Consolidated Appropriations Act, 2021   •  FFCRA  •  FMLA and Other Leave  •  Local Regulation

Employer Considerations for January 1 FFCRA Changes
Husch Blackwell Link to more items from this source
[Guidance Overview]
Dec. 29, 2020

"[1] Will your company continue to provide both paid sick leave and paid family leave to employees until March 31, 2021? ... [2] Is your company able to provide these leaves equally to all eligible employees? [3] How will your company provide notice regarding leave to employees? ... [4] Are there currently any state or local jurisdictional orders or laws that provide more generous leave for employees?"

Tags: COVID-19  •  Consolidated Appropriations Act, 2021   •  FFCRA  •  FMLA and Other Leave

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