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e-Alert: DOL Issues New Q&As on FFCRA Leave Requirements

By January 22, 2021No Comments


The Department of Labor (DOL) has issued two additional Q&As clarifying the Families First Coronavirus Response Act (FFCRA) employee leave.


Employers are not required to provide employees with FFCRA leave after December 31, 2020, even if an employee did not use their entire allotment of leave balances. Employers may choose to voluntarily provide this leave under the Consolidated Appropriations Act. Those employers voluntarily extending leave are eligible to receive tax credits for leave provided until March 31, 2021. Read HRK’s summary on this voluntary extension.

Employees must be compensated for any FFCRA leave taken prior to December 31, 2020. Employees that have not been compensated by their employer for any FFCRA leave taken prior to December 31, 2020, may file a complaint with the DOL’s Wage and Hour Division within two years of the last action alleged to be in violation of the FFCRA.

Employers Next Steps

  • You should keep accurate records of any leaves in 2021 while remaining consistent with granting employees continued FFCRA leave.
  • Ensure that your employees are compensated for any FFCRA leave taken prior to December 31, 2020.
  • Continue to monitor guidance from HRK and government agencies regarding FFCRA and other COVID-19-related legislation.
  • If you are a Full-Service or Virtual HR client and would like our assistance with updating your policy, please email us.

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This content is provided with the understanding that HR Knowledge is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice. If you have any questions regarding this content, please contact HR Knowledge at 508.339.1300 or email us.


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