Employment Leave Related to COVID-19 FAQs
Am I required to give my employees paid sick leave under the FFCRA?
No. The FFCRA mandates that previously required employers to provide paid sick leave and expanded family and medical leave for COVID-19 related reasons expired on December 31, 2020. Employers are no longer required to provide paid sick leave or expanded family and medical leave under the FFCRA.
Can I still get the payroll tax credit from the FFCRA?
Yes. The Consolidated Appropriations Act of 2021 (CCA) allows employers who voluntarily extend the FFCRA paid leave benefits to their benefits through March 31, 2021, to claim a payroll-tax credit for such leave. The tax credit is only available to paid leave that would otherwise qualify under the FFCRA. Employers who chose to continue providing paid leave under the FFCRA through March 31 are permitted to continue taking a payroll-tax credit up to the daily and aggregate limits under the FFCRA.
If I have offered my furloughed employee an opportunity to return to work, can they reject that and continue to take unemployment?
Should an employee choose not to attend work, or return to work, this would be considered a voluntary quit, job abandonment, or refusal to return to work. These would all be a disqualification for regular state unemployment insurance benefits.
Can I require an employee who has been exposed to COVID-19 to stay home for the incubation period?
Yes. An employer can require an employee to stay home for the 14-day incubation period if the employee has travelled abroad or if the employee has been in contact with someone who has been to an infected region.
This information is provided for informational purposes only and does not constitute legal advice. For specific legal advice, the IDA recommends that you contact a licensed attorney with expertise in this area.
