New Hampshire opened enrollment to private employers in Nation’s first voluntary paid family and medical leave insurance program, Granite State Paid Family Leave Plan. The Granite State Plan was enacted in 2021. Vermont has since adopted a similar voluntary program.
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The American Rescue Plan Act of 2021 (ARPA) extends tax credits to those employers who voluntarily choose to provide paid leave benefits to employees under the Families First Coronavirus Response Act (FFCRA).
As you may recall, beginning January 1, 2021, employers with fewer than 500 employees could voluntarily provide paid leave to employees according to the FFCRA for certain qualifying reasons and receive tax credits for the paid leave. The ARPA has extended employers’ eligibility for tax credits through September 30, 2021. However, the ARPA contains new non-discrimination rules stating that FFCRA tax credits will not be made available to employers who discriminate in favor of highly compensated employees, full-time employees, or employees on the basis of tenure.
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On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARPA) into law, providing an estimated $1.9 trillion in stimulus to aid in the COVID-19 pandemic. Among the various relief provisions are updates to the Families First Coronavirus Response Act (FFCRA) paid leave requirements.
While there is no mandate for employers to continue providing FFCRA leave, an employer who chooses to do so can still take the associated tax credits for an additional period of time, subject to certain provisions.
The following is a list of the different ways the ARPA extended and expanded the FFCRA.
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The State of California has renewed employee entitlements to supplemental paid sick leave for COVID-19 related reasons. The supplemental paid sick leave entitlements for 2020 expired three months ago. California Labor Code section 248.1. The latest requirements, which are codified in California Labor Code sections 248.2 and 248.3, became effective March 29, 2021 and apply retroactively to January 1, 2021. We identify important features of the renewed measures for 2021 and compare them to the entitlements of 2020 below.
2021 California Supplemental Paid Sick Leave
Covered Employers
Employers with 500 or more employees (in response to the federal Families First Coronavirus Response Act which only applied to employers with less than 500 employees)