UPDATED: Is there FFCRA leave after 12/31/2020?
Governor Newsom has signed Senate Bill 95. It resurrects the statewide COVID-19 Supplemental Paid Sick Leave that expired at the end of 2020. Bill 95 takes effect immediately and applies retroactively to January 1, 2021. It will remain in effect until September 30, 2021 and applies to Employers with 25+ employees and to employees who are not able to telework.
DOL Question #104: ” I was eligible for leave under the FFCRA in 2020 but I did not use any leave. Am I still entitled to take paid sick or expanded family and medical leave after December 31, 2020? ” Answer: “Your employer is not required to provide you with FFCRA leave after December 31, 2020, but your employer may voluntarily decide to provide you such leave. The obligation to provide FFCRA leave applies from the law’s effective date of April 1, 2020, through December 31, 2020. Any change to extend the requirement to provide leave under the FFCRA would require an amendment to the statute by Congress. The Consolidated Appropriations Act, 2021, extended employer tax credits for paid sick leave and expanded family and medical leave voluntarily provided to employees until March 31, 2021. However, this Act did not extend an eligible employee’s entitlement to FFCRA leave beyond December 31, 2020. Employers with questions about claiming the refundable tax credits for qualified leave wages should consult with the IRS. Information can be found on the IRS website (http://www.irs.gov/coronavirus/new-employer-tax-credits).” DOL FAQ
Don’t forget to check your LOCAL Ordinances for other Covid related requirements.