Federal and state laws requiring employers to provide COVID-19 supplemental paid sick leave and voluntary sick leave tax credits are set to expire Sept. 30.
Several national and statewide mandates went into effect earlier this year to extend COVID-related paid sick leave benefits that were first offered under the Families First Coronavirus Response Act, which ended Dec. 31, 2020.
The American Rescue Plan Act, signed into law March 11, further extended tax credits for employers who continued to offer voluntarily FFCRA leave. The tax credits for FFCRA leave expire on Sept. 30 regardless of whether an employee is currently on leave as of the expiration date.
While federal paid sick leave laws were implemented on a voluntary basis, California on March 19 modified and enacted the statewide COVID-19 supplemental paid sick leave law for employers of 26 or more employees. The provisions expanded the number of covered employers, provided an additional 80 hours of leave and added several new qualifying reasons for which leave could be taken.
The state’s supplemental paid sick leave also expires on Sept. 30; however, several cities and counties in California implemented their own supplemental paid leave ordinances that include small-employer obligations, and some employers will still be required to administer sick leave programs according to specific city and county ordinances.
The following localities have active supplemental paid sick leave ordinances:
The expiration dates on these local ordinances vary. Employers are encouraged to monitor and stay up to date with any local ordinances, as some cities and counties may extend or reestablish supplemental paid leave.
COVID-19 supplemental paid sick leave resources are available in the Practice Support Resource Library.
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