FFCRA Expired

January 14, 2021 | Charter Administration, Personnel Management

Employers are no longer required to provide FFCRA leave after December 31, 2020, as the U.S. Department of Labor (DOL) announced.

What did FFCRA include?

The obligation was to provide FFCRA leave with an effective date of April 1, 2020, through December 31, 2020. Which included two paid leave offerings: The Emergency Paid Sick Leave Act (EPSLA) and The Emergency Family and Medical Leave Act (EFMLEA).

Has the FFCRA been extended past December 31?

The FFCRA was only effective until December 31. Any change to extend the requirement to provide leave under the FFCRA needed an amendment to the law by Congress.

President Donald Trump signed a bill December 27, 2020, to fund the government and provide economic relief in response to the pandemic, as well as expand COVID-19 Aid, Relief and Economic Security Act’s Paycheck Protection Program. However, the proposed bill that was passed did not extend the paid leave programs for both the EPSLA and the EFMLEA. Therefore, as of January 1, 2021, charter schools are no longer required to offer EPSLA and EFMLEA.

Voluntarily extend EPSLA and EFMLEA?

Yes, a charter school may voluntarily extend the EPSLA and EFMLEA. What are some things to note before making a decision? Schools have a limited budget, so being able to provide these benefits may be challenging. Also, schools must balance staffing needs, but they should also not rush employees back to work who are ill or may exposure others to the virus.

Our charter school wants to extend these benefits. What’s next?

A board resolution is needed. It will provide a solution to temporarily provide additional paid and unpaid leave options to employees. The board should pass a resolution to find a public purpose for extending this benefit.

Can the board resolution be customized?

Yes, each charter school’s board resolution will look different depending on the following:

Duration of the leave benefit and portion that will be paid
Rate of pay
COVID-related leave that will be available
Qualifying events
Effective period of resolution

Where can I obtain a copy of a board resolution?

Your school attorney should be able to provide you with a copy.

What should employees know?

School employers should advise employees of their options for continued leave, paid or unpaid, beginning January 1.

Still have questions?

Ask questions, get answers and more about this topic on the Charter School Community Roundtable.