The speed at which the federal government is making changes to how businesses are permitted to operate in light of the Coronavirus pandemic has been lightning fast. These changes touch virtually every aspect of business from offering special disaster loans, unemployment benefits, sick leave policies to tax payment deadline extensions. They come against the backdrop of deep concern about the U.S. economy and whether it’s already entered a recession. Although a comprehensive issue, Congress has taken the first steps by passing the Families First Coronavirus Response Act. As highlighted in a previous blog there are several changes to unemployment, emergency family leave and paid sick benefits and related tax credits. To help clients, prospects, and others, Wilson Lewis has provided a summary of new details and important changes below.
Emergency Paid Sick Leave
Below are highlights of the new paid sick leave requirements for those with less than 500 employees, including:
- Paid Sick Leave – Paid sick time must be extended to an employee who can not work because they have been subject to a Coronavirus quarantine, been advised by a healthcare provider to self-quarantine, been experiencing symptoms and is seeking a diagnosis, caring for a child whose place or care or school has been closed and employees seeking similar conditions as outlined by the Department of Health and Human Services (HHS).
- Paid Leave Requirements – Full-time employees are to receive 80 hours or sick time while part-time employees are allowed paid leave based on the average hours worked in a two-week period. These benefits are to be made available regardless of how long an employee has worked at a company.
- Leave Payment – Any employee taking leave for themselves will be paid their normal wage or federal and state minimum wage, whichever is greater. Employees taking time off to care for family members will be paid at a 2/3 rate. Sick leave is limited to $511 (capped at $5,110) per day for leave taken to care for oneself and $200 per day (capped at $2,000) to provide care to a child or family member.
- Social Security Exemption – The wages paid for emergency sick leave will not be subject to the 6.2% social security tax for either the employer or employee.
- Policy Integration – Companies with existing emergency paid sick leave policies are required to modify their program to match the changes outlined herein. It’s not permitted to make an employee use existing sick and other paid time off prior to receiving these benefits.
- Job Protection – Businesses are not allowed to require workers to find replacements to cover hours or firing them for requesting sick leave.
Emergency Family Leave
Below are the highlights of the new family leave requirements for companies with less than 500 employees, including:
- Paid Emergency Leave – Companies will now be required to offer up to 12 weeks of leave for employees that have been employed for at least 30 days and are unable to work to care for a minor whose school or care center has been closed.
- Compensation Details – The first ten days of leave can be unpaid, and employees can choose to use other paid time off to cover this period. Any time extending beyond this, an employee will be compensated at least 2/3 their normal pay rate. The limits have been set to $200 per day with a maximum benefit of $10,000.
- Position Retainment – An employee on emergency family leave needs to be guaranteed their position, or equivalent, upon their return. Note this requirement does not apply to companies with less than 25 employees if the position held no longer exists due to conditions caused by COVID-19.
- Social Security Exemption – The wages paid for emergency family leave will not be subject to the 6.2% social security tax for either the employer or employee.
Tax Credits
Those Atlanta companies that have employees taking paid time off can claim a tax credit. The changes outlined below vary from the draft version, including:
- Payroll Tax Credit for Paid Sick Leave – Impacted companies can receive a tax credit for 100% of paid sick leave wages. The credit is applied against the employer’s portion of Social Security taxes paid. The amount of the credit per employee is $511 per day for those meeting the criteria outlined previously for self-care. For those who are caring for a family member, the credit is capped at $200 per day. This amount can be increased to cover health insurance premiums an employer may be required to pay as required by the Act.
- Self-Employed Sick Leave Credit – Self-employed individuals can claim a refundable tax credit equal to 100% of sick leave taken as outlined above. Those caring for a sick family member or minor whose school/care providers have closed can receive a credit of 67% of sick leave taken. This provides benefits to those who would otherwise receive paid leave if they worked as a W-2 employee. The credit is capped at the lesser of $511 per day or the average daily self-employment income.
- Payroll Tax Credit for Emergency Family Leave – An employer can receive a refundable credit of 100% for family leave wages paid. The credit is applied against the employer’s portion of Social Security taxes. The amount of credit per employee is $200 per day with a maximum of $10,000 for all quarters. The credit is available on wages paid once the required 10 days of leave has passed.
- Self Employed Family Leave Credit – Self-employed individuals can claim a refundable tax credit equal to 100% of family leave taken. It can be claimed against self-employment taxes and is refundable against payroll taxes. This is designed to provide benefits to those who would otherwise receive paid leave if they worked as a W-2 employee. The credit is capped at the lesser of $200 per day or average daily self-employment income for the year. It’s important to note the benefits are limited to a period of 50 days.
Contact Us
The effective date for all changes is 15 days after enactment and expires on December 31, 2020. There are many changes outlined which Atlanta employers are required to comply with. If you have questions about the information outlined above or need assistance with a business continuity concern, Wilson Lewis can help. For additional information call us at 770-476-1004 or click here to contact us. We look forward to speaking with you soon.