Apply for the SHRM-CP or SHRM-SCP exam today! Applicants now have the option to test from home.
Find answers to your COVID-19 vaccine questions here. We've compiled the latest news, policies and guides on vaccines and the workplace.
Members can get help with HR questions via phone, chat or email.
Let SHRM Education guide your way. 2021 Programs Now Available!
Join hundreds of workplace leaders virtually March 22-24, 2021.
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
Tax Credit Extended, Not FFCRA Leave
The FFCRA provided a refundable payroll tax credit for mandated paid sick and
family leave. The bill extends the tax credit through March 2021 for employers
that continue to voluntarily offer paid sick and family leave to their
"Employers should focus on employees who are currently on an FFCRA leave
and the fact that the statute is set to expire on Dec. 31," said Carrie
Hoffman, an attorney with Foley & Lardner in Dallas. "They should be
communicating with employees who are on leave and what the expectations are
about returning to work or whether their leave would convert to an unpaid FMLA
[Family and Medical Leave Act] leave."
She added that employers should also consider whether they have to provide
accommodations under the Americans with Disabilities Act, depending on the
reason for the employee's absence. This might particularly be the case for
so-called COVID-19 "long haulers," whose symptoms of the coronavirus
The FFCRA not being extended "does not mean that COVID-19 is gone or that
companies will have fewer COVID-19-related scenarios in the workplace,"
said Adam Kemper, an attorney with Greenspoon Marder in Ft. Lauderdale, Fla.
"Thus, employers should be prepared to have a plan in place for 2021 that
contemplates COVID-19-related leave scenarios and be prepared to comply with
applicable state and federal leave laws," he said. "To the extent
such laws do not extend leave for as long as an employee needs due to COVID-19,
then employers should be prepared to update their own private leave policies to
ensure employees have adequate protection to take leave when necessary so as to
avoid spreading the virus to others, recuperate from the illness, if
applicable, and return to the workforce."
Read the rest of the article:
Coronavirus Relief Package Includes Key
SHRM | Dec 27, 2020Answers to the Most Common Questions
Employers are Asking Now That FFCRA Leave is Purely Voluntary
Littler via SHRM | Jan 2021See the new DOL FAQs #104 & 105
DOL | Dec 29, 2020Request for Coronavirus-Related Paid
Request for Coronavirus-Related Child
COVID-19 Paid Sick and Child Care Leave
SHRM SamplesNote: For articles specific to California, scroll down to the section titled California Employers. Please complete the brief survey near the bottom of this page.Law Firm ArticlesEmployer Considerations For Determining
Whether To Continue Providing FFCRA Leave After Law’s Expiration
Fisher Phillips | Jan 2021The DOL’s Updated Guidance on the
Expired FFCRA—It Will Still Enforce Pre-December 31, 2020 FFCRA Violations
Dickinson Wright | Jan 2021
Have You Thought About ... What the
Limited Extension to the FFCRA Means to Employers?
Brownstein Hyatt | Jan 2021California Employers
How Changes to the CARES Act and FFCRA
Affect California Employers
Payne & Fears | Jan 2021
What the Expiration of COVID-19 Paid
Leave Laws Means for California Employers
Sheppard Mullin | Jan 2021Expiration of the FFCRA & California COVID-19 Supplemental Paid Sick Leave - What now?Dentons | Dec 2021
*****************Unless Congress acts, the Families First Coronavirus Response Act (FFCRA) paid-leave requirements will expire at the end of the year. But even if they expire, organizations that have generous paid-leave policies and those in states that have paid-leave laws will continue to grant time off to employees who have COVID-19 or whose children's schools or child care providers are closed. "Most states may be waiting to see what the federal government will do" before expanding their laws further, said Chelsea Mesa, an attorney with Seyfarth in Los Angeles. "It's possible states and local jurisdictions will expand their own laws past Jan. 1 or expand them to cover more employers if the FFCRA is not extended. It's unfortunately very unclear." Nonetheless, Rob Duston, an attorney with Saul Ewing Arnstein & Lehr in Washington, D.C., predicted that Congress will extend the deadlines for both types of FFCRA leave. "If this does not occur before Dec. 31, it could be made retroactive," he said. "The new administration is going to be strongly supportive of this type of leave." Read the rest of the article: What If FFCRA Expires at the End of the Year? SHRM | Dec 2020 Law Firm Articles All FFCRA leave benefits—including Emergency Paid Sick Leave (EPSL) and Expanded Family and Medical Leave (EFMLA)—were created by a time-limited statutory authority and are set to expire on December 31, 2020. This means that, currently, employees are not entitled to receive EPSL or EFMLA past December 31, 2020, and employers will not receive reimbursement from the federal government under the FFCRA for leave taken after December 31, 2020. FFCRA Leave – What Employers Need to Know For The End of 2020 Bowditch | Dec 2020 Once reminded that the FFCRA's protections might end on December 31, employees may try to take advantage of remaining FFCRA-covered leave before the Act's expiration, such as to care for children home from school over the holidays. However, employers may still require certification that leave is being taken because a school or daycare is closed, or child care provider is unavailable, because of a COVID-19 related reason in order to qualify for FFCRA leave. Planning Ahead for the End (For Now) of the Families First Coronavirus Response Act Squire Patton | Dec 2020 For many employers, particularly public employers, sick employees needing to quarantine will likely have their leave covered under existing sick leave policies. If employees do not have existing sick leave available, employees may need to consider using vacation leave or Paid Time Off (PTO). Employers should remain flexible but remember to enforce their existing policies for leave notification. Three Steps to Prepare Your Workplace for the End of the FFCRA Fishel | Nov 2020 The employer should be cautious in simply letting an employee go when leave entitlements expire. Instead, the employer may want to consider going through an interactive process with the employee to determine whether a reasonable adjustment can be made—such as additional time off, a modified schedule, or a work-at-home arrangement— in order to care for someone who is ill, to care for children whose schools have gone remote, or to protect themselves because they may be in a high-risk group and are anxious about returning to the workplace. Emergency Leave Running Out: What If Employees' Kids Are Still Not Back To School? Seyfarth | Oct 2020 Related Reading Will Congress Extend FFCRA Paid Sick and Paid FMLA Leave into 2021? Littler | Oct 2020
Index of COVID-19 Express RequestsSHRM | On-goingMember Benefit: Ask-An-Advisor Service
SHRM's HR Knowledge Advisors offer guidance and resources to assist members
with their HR inquiries. Reach out now.SURVEY: Tell us what you think about the Express Request service in four quick questions.
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Your session has expired. Please log in as a SHRM member.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred