The requirement that
employers provide paid sick leave and expanded family and medical leave under
the Families First Coronavirus Response Act (FFCRA) expired on Dec. 31, 2020.
Here are two most common questions regarding how to move forward.
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? (added 12/31/2020)
Your employer is not required
to provide you with FFCRA leave after December 31, 2020, but your employer may
voluntarily decide to provide you such leave. The obligation to provide FFCRA
leave 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. 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. However, this Act did not extend an eligible employee’s entitlement
to FFCRA leave beyond December 31, 2020.
with questions about claiming the refundable tax credits for qualified leave
wages should consult with the IRS. Information can be found on the IRS
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? (added 12/31/2020)
WHD will enforce the FFCRA for leave taken or requested during the effective
period of April 1, 2020, through December 31, 2020, for complaints made within
the statute of limitations. The statute of limitations for both the paid sick
leave and expanded family and medical leave provisions of the FFCRA is two
years from the date of the alleged violation (or three years in cases involving
alleged willful violations). Therefore, if your employer failed to pay you as
required by the FFCRA for your leave that occurred before December 31, 2020,
you may contact the WHD about filing a complaint as long as you do so within
two years of the last action you believe to be in violation of the FFCRA. You
may also have a private right of action for alleged violations.
Please visit the Wage
and Hour Division’s FFCRA Questions and Answers page to learn more about workers’ and employers’ rights
and responsibilities after this date.