Sunset of Families First Coronavirus Response Act

By: Jessica Jackler

As a reminder, the requirement that employers provide paid sick leave and expanded family and medical leave under the Families First Coronavirus Response Act (FFCRA) expired on December 31. The DOL has updated its guidance to advise employers that if they choose to continue to voluntarily provide paid sick leave and expanded family and medical leave beyond December 31, the Consolidated Appropriations Act 2021, has extended employer tax credits for such leave until March 31.

Additionally, the DOL will continue to enforce the FFCRA for leave taken or requested during the effective period of April 1—December 31, 2020 for complaints made within the statute of limitations. The statute of limitations for both the paid sick leave and expanded family and medical leave provisions of the FFCRA is two years from the date of the alleged violation (or three years in cases involving alleged willful violations). Therefore, if an employer failed to pay an eligible employee as required by the FFCRA for leave that occurred before December 31, the employee may still file a complaint with the DOL or pursue a private right of action for alleged violations.