FFCRA Benefits Expire on 12/31/20

The benefits provided by the FFCRA, paid sick leave and paid childcare leave, are scheduled to expire on December 31, 2020. As of today, Congress has not extended the FFCRA beyond 2020 (although there is information to suggest extension is being considered).

Until Congress acts to extent FFCRA benefits, employers who are covered by the FFCRA should consider providing notice to employees about the expiration of FFCRA benefits and explain any alternatives that are available to employees in the event of a Covid-19 related illness or Covid-19 child care issues. For example, using accrued paid sick time, vacation, or unpaid personal leave. Employers should also decide if, in the absence of an extension of benefits under the FFCRA, it makes sense to adopt temporary policies that provide employees with additional paid sick leave, child care leave or other benefits to address absences related to Covid-19.

Employers should also be prepared to address employee requests for FFCRA leave in late December as schools/childcare providers end classes/programs for winter break.

We will monitor developments on extension of the FFCRA. Questions about temporary policies should be directed to esemler@sussmanshank.com.

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