Closed Schools & Open Questions | Guide to Navigating the Families First Coronavirus Response Act (FFCRA)


Published: 02.01.2021

Back-to-school season felt a bit different this year as the COVID-19 pandemic is still a huge concern in our local communities and across the country. As school districts continue to deal with health challenges associated with the pandemic, parents face an uncertainty as they attempt to balance work, family and children who are adjusting to a new, often virtual, learning environment. As parents continue to navigate the school year, employers should remain mindful of their obligations to provide paid leave under the Families First Coronavirus Response Act (FFCRA).

Savoy has created the following guide to be used to help employers understand their obligations and responsibilities as employees request these types of leaves.

Overview: As a refresher, the FFCRA requires employers to provide up to 80 hours of paid leave to employees for certain COVID-19-related reasons under the Emergency Paid Sick Leave Act (PSLA) and expands the Family and Medical Leave Act (FMLA) to provide employees with up to 12 weeks of emergency job-protected leave to care for a child as a result of school or childcare closings due to a public health emergency. The table provides a high-level overview of the key differences between the federal Emergency Paid Sick Leave Act (EPSL) and the Emergency Family and Medical Leave Expansion Act (EFMLA).

Reminder: Under the FFCRA, the requirement to provide paid leave expired on December 31, 2020. However, a COVID-19 stimulus bill was signed into law. The newly enacted stimulus bill does not extend the requirement that employers provide paid leave beyond that date. Rather, employers subject to the FFCRA may voluntarily extend the paid leave option until March 31, 2021. If a FFCRA-eligible employer chooses to extend the leave period, the time period during which its employees may take FFCRA leave is extended, as is the period during which the employer may claim the FFCRA tax credit. The voluntary extension of the FFCRA does not increase the amount of leave available to employees nor does it increase the maximum payroll tax credit available to the employer. The new measure extends the date for leave from December 31, 2020 to March 31, 2021. Employees that were eligible for leave in 2020, but did not use leave in 2020, may only take the leave in 2021 if their employer has elected to apply the FFCRA extension.

Click HERE to view the FFCRA Guide for Employee Paid Leave Rights.