The COVID-relief bill moving through Congress does not include a federal paid leave mandate. However, it does include an extension of the Families First Coronavirus Response Act (FFCRA) refundable tax credits from March 31, 2021 through September 30, 2021 for those employers that follow those expired mandates.
Additional information and guidance on FFCRA and the tax credits can be found on the Department of Labor website and Internal Revenue Service website. However, the tax credits included in the COVID-relief bill would also increase the amount of wages for which an employer may claim the paid family credit in a year from $10,000 to $12,000 per employee while also expanding the reasons for leave. Employers with over 500 employees would still be ineligible for tax credits. The broader COVID-relief bill is under restrictive and specific procedural rules that prohibit legislators from resurrecting and enhancing the FFCRA paid leave mandates. The legislation could become law as early as March. AGC fully expects future legislative attempts to impose federal paid leave mandates on employers.
The current version of the legislation extends unemployment benefits through the end of August and includes a $400 a week bonus in jobless benefits. There is currently a debate to lower the bonus and/or extend the benefits through the end of September or later. A final decision will likely be made in the coming days and some form of the extension and bonus will be signed into law with the rest of the package in the coming weeks.