As we finally closed out 2020, the required leave provisions of the Families First Coronavirus Response Act (FFCRA) also came to a close. However, the Department of Labor issued two new FAQ’s on its website (FAQ 104 and 105), clarifying that if an employee has not exhausted their FFCRA leave prior to January 1, 2021, a covered employer may elect to voluntarily extend the employee’s deadline to do so through March 31, 2021. In addition, the Consolidated Appropriations Act, 2021, extended covered employer tax credits for FFCRA leave until March 31, 2021, should a covered employer elect to continue to provide the time off.
Employers should bear in mind that even though they are no longer required to provide FFCRA leave, longstanding leave obligations under the Americans with Disabilities Act still apply, so if any employee is suffering long-term effects of contracting COVID-19, accommodations may be in order.
For more information on accommodating employee leave requests as the pandemic continues, please contact a member of Sandberg Phoenix’s Labor and Employment Team.