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U.S. DOL Issues Guidance on Expiration of COVID-19 Paid Sick Leave and Expanded Family and Medical Leave

January 6, 2021

On Dec. 31, the U.S. Department of Labor’s Wage and Hour Division issued additional guidance to address whether workers who did not use their leave entitlement under the Families First Coronavirus Response Act in 2020 may use such leave after Dec. 31, 2020. The FFCRA’s paid sick leave and expanded family and medical leave requirements expired on Dec. 31. 

The new guidance is in the form of Frequently Asked Questions:

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 Dec. 31, 2020? See Question 104

I used 6 weeks of FFCRA leave between April 1, 2020, and Dec. 31, 2020, because my childcare provider was unavailable due to COVID-19. My employer allowed me to take time off but did not pay me for my last two weeks of FFCRA leave. Is my employer required to pay me for my last two weeks if the FFCRA has expired? See Question 105

Further, the DOL press release pointed out that 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, the CAA did not extend employees’ entitlement to FFCRA leave beyond Dec. 31, 2020, meaning employers will no longer be legally required to provide such leave.

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