Families First Coronavirus Response Act: We hardly knew ye!

The Families First Coronavirus Response Act (FFCRA) became federal law on April 1, 2020. It was the first federal legislation mandating nationwide paid leave for employees. Unlike many other federal employment laws, the FFCRA contained a “use by” date of December 31, 2020. So, it has already expired.

What happened in Congress

Congress in late 2020 failed to extend the FFCRA’s Emergency Paid Sick Leave and Emergency Family and Medical Leave Act provisions into the new year. Instead, it greenlit covered employers that voluntarily wish to continue providing FFCRA paid sick leave with a tax credit incentive up to March 31, 2021. If there are any lingering issues, the U.S. Department of Labor (DOL) is expected to give additional guidance.

In light of the continuing COVID-19 crisis, however, you may need to consider whether to continue providing paid time off (PTO) to sick employees or those seeking testing or who are caring for other family members. Does any employer really want infected employees returning to work prematurely because they can’t afford to stay home? Or employees leaving minor children alone at home because of a school closure?

Even as Florida employers say “auf Weidersehen” to the FFCRA, you need to remember employees are still entitled to unpaid traditional Family and Medical Leave Act (FMLA) leave if they’re sick with COVID-19 (and meet the test for a serious health condition) or are caring for a covered family member with a serious health condition.