As of the publishing date of this blog, August 5, 2021, employers are still eligible to receive tax credits and funds to cover an employees’ coronavirus leave. The provisions within the Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLEA) are both part of the Families First Coronavirus Response Act (FFCRA). The FFCRA was set to expire on 12/31/2020, but the American Rescue Plan Act extended FFCRA and its provisions through the end of September 2021.
Our Answers to Common Questions
Am I required to comply with the FFCRA provisions?
With some industry standards, if your organization has less than 500 employees, you should still follow these provisions.
How much is the pay?
How do I get reimbursed?
Do temporary or part-time employees get "Covid Pay"?
Can we use the "Covid Pay" to cover time off for our employees to get the vaccine?
Can we use the "Covid Pay" to cover time off for our employees to get tested for Covid?
However, if you require an employee to take their temperature, do a Covid-screening, or get a test to come into your workplace, you must pay them for the time to do those activities.
What if an employee was already out with Covid last year?
Does the sick leave pay carry-over if an employee didn't use it last year?
How does "Covid Pay" affect FMLA?
What if my employee is sick (or has a sick child) but they've used all their eligible days?
Can I use "Covid Pay" for key personnel only?
Opt Out Eligibility
What are the benefits of opting out?
If your employee is sick, do you want them at work potentially making others sick?
Should I ask my employee to use their PTO first?
The government is going to repay you for the gross pay for these workers- up to $511 per day for up to 2 weeks - and this does not go against the employees sick pay.
Additionally, you will receive an immediate reduction in Social Security taxes due since your payroll is being reduced.
What organizations are exempt?
There is also an exception of a small business of less than 50 employees.
Is there a small business exemption?
To elect this small business exemption, the employer must document proof and retain the records for 4 years.
*This is not an exemption from the sick pay (EPSLA).
Eligible Small Business Exemption Reasons
Providing the leave “would result in the small business’s expenses and financial obligations exceeding available business revenues and cause the small business to cease operating at a minimal capacity”.
“The absence of the employee or employees requesting paid sick leave or expanded family and medical leave would entail a substantial risk to the financial health or operational capabilities of the small business because of their specialized skills, knowledge of the business, or responsibilities.”
“There are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services provided by the employee or employees requesting paid sick leave or expanded family and medical leave, and these labor or services are needed for the small business to operate at a minimal capacity.”
Answers to Questions from Employees
Am I eligible for the Sick Leave Pay?
What do I do if my employer can't opt out, but still refuses to cover "Covid pay"?
Covid-19 Response Team
At the beginning of the Covid-19 Pandemic, this team was formed to help get answers to questions as quickly as possible. From explaining legislation, to filing PPP claims, to working on our client’s “comeback” plans, we’ve been here and will continue to be here. With any questions, our clients are always welcome to contact us at [email protected]
