Category

FMLA

When Do School Closures Qualify for EFLMEA

By Employment Law, FMLA

With another round of school closures prominent in local media, employees who are not able to work from home may be turning to their employers to inquire about their eligibility for paid leave. As we mentioned in an earlier article, requirements outlined in the Emergency Family Medical Leave Expansion Act (EFMLEA) expired December 31 with FCCRA but for employers who voluntarily offer benefits through March 31, there is still a tax deduction available. Why you…

Read More

How the Consolidated Appropriations Act Changed EPSL and EFLMA for 2021

By Employment Law, FMLA, Sick Leave

Although most of the benefits associated with Families First Coronavirus Response Act (FFCRA) passed last March expired on December 31, 2020, many of the COVID-19 related issues it was created to address still exist. Employers should note that when the Consolidated Appropriations Act (CAA) was passed on December 27, 2020, it did not extend the employers’ obligation to provide employees with emergency paid sick leave or emergency family and medical leave, but it did extend…

Read More

Obtaining Credit for EPSLA and EFMLEA

By Employment Law, FMLA, Sick Leave

On April 1, 2020, the U.S. DOL enacted a temporary rule operational through the EOY that provides direction for administration of the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA). With schools opening this month we anticipate more employers having questions about obtaining credits related specifically to EPSLA (due to contagion) and EFMLEA (due to school closings). Please know that in instances where claims are made for…

Read More

Visible Changes in Form 941 due to CARES, FFCRA and EFMLA

By FMLA, Payroll, Sick Leave, Withholding Taxes

Required filings of IRS Form 941 looked a little bit different for employers this quarter due to changes in Form 941 for COVID-19 related employment tax creds and other tax relief. IRS Form 941 is the employer’s quarterly payroll tax report. Forms are due on the last day of the month following the end of the quarter meaning that forms submitted on July 31, 2020, were the first to reflect tax changes made as part…

Read More

Nifty COVID-19 Employment Litigation Tracker

By Employment Law, FMLA, Sick Leave, Workplace Injuries

Employees are taking their employers to task for a myriad of COVID-19 related employment and workplace issues. With 463 lawsuits filed thus far this year, it comes as no surprise that population dense states like California, Florida and New Jersey lead the way in terms of number of lawsuits filed. (Meanwhile only seven have been recorded in Georgia.) This handy Employment Litigation Tracker, published by Fisher Phillips, tracks and allows users to pivot on one…

Read More

Family Medical Leave Act Forms Extended through 2021 – Are They Ready to Use?

By FMLA, Pregnancy Leave, Recordkeeping, Sick Leave

The U.S. Department of Labor (DOL) has announced that its Family and Medical Leave Act (FMLA) certification forms and notices are valid for three more years, until Aug. 31, 2021. (The DOL must submit its FMLA forms to the Office of Management and Budget for approval every three years to ensure the FMLA certification and notice process isn’t too bureaucratic.) In late August 2018, seven forms were certified. The DOL didn’t make any substantive changes to the forms,…

Read More

Family Leave Rules Are a Potential Landmine for Employers

By FMLA, Pregnancy Leave, Sick Leave

Even with record numbers of employers winning Family Medical Leave Act lawsuits, family-leave related issues remain complex and treacherous for most firms to navigate. The fact that Georgia has no state equivalent of the federal FMLA, and that firms of fewer than 50 are not subject to its requirements, doesn’t make compliance any easier. From pregnancies to off-the-job injuries, situations that temporarily remove a worker from his place of employment must be treated with care….

Read More