Families First Coronavirus Response Act Impact on Benefits
Families First Coronavirus Response Act (FFCRA)
| In light of COVID-19, many schools and businesses are being forced to make changes including closings, layoffs, and remote workforces. The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020, by President Trump. The FFCRA is the first attempt by the federal government to provide relief to workers and their families facing the economic fall-out of COVID-19. It includes provisions to help employees and their employers, by providing emergency paid sick leave and temporarily expanding the Family and Medical Leave Act (FMLA) to allow paid family leave for working families affected by school closures. All of this can leave employers and their employees uncertain about the future and have them asking about benefit elections changes and how to handle benefits during employee leave or business shutdowns. Emergency Paid Sick Leave The FFCRA creates a new Emergency Paid Sick Leave Act (EPSLA) which, effective April 2nd through the end of 2020, requires employers with less than 500 employers to provide paid sick leave to individuals who cannot work (including remote work) due to isolation/quarantine orders, having symptoms of COVID-19, caring for another person in one of those categories, or caring for a minor child due to school or daycare closures. FMLA Expansion Additionally, the FFCRA provides longer paid leave and extends FMLA protection through December 31, 2020 if an employee needs to care for a child under age 18 if their school or daycare is closed for reasons related to the current public health emergency. Maintaining Employee Benefits for Employees It is important to understand an employer's obligation to maintain benefits during leave. In general, if an employee is on a paid leave of absence, they will retain benefits eligibility as long as they are receiving any regular pay from their employer. On the other hand, if an employee is on an unpaid leave, their benefits eligibility will depend on the type of leave and the employer's leave policy. Please note that at this time, the rules about changing benefit elections on a voluntary basis have not changed. This means that unless they experience a permitted election change event, including a leave of absence, participants typically will not be able to adjust benefit elections under a cafeteria plan, such as their medical or prescription drug, dental or vision coverage, or Health Care FSA elections. Keep in mind, however, that Dependent Care FSA elections are more flexible, and participants can change these elections if they experience a change in daycare providers or the cost of dependent care. For the complete article, please read this week's Compliance Buzz. |





