FFCRA Guidance

A reminder that the U.S. Department of Labor (“DOL”) has in-depth Questions and Answers regarding the Families First Coronavirus Response Act (“FFCRA”)—now revised in accordance with its Federal Register publication. We have seen an uptick in questions regarding:

  • EPSL/EFML childcare coverage, relative to schools being closed, hybrid, etc.; changes in schooling (schools re-opening and/or re-closing); and different forms of childcare;
  • Other reasons for leave, and whether it is paid vs. unpaid; and,
  • Exhaustion of FFCRA leave.

There also seems to be considerable confusion among business owners, their advisors, and their service providers (e.g., accountants, bankers, and payroll providers) concerning FFCRA, PPP, and other government grants, loans, programs, and assistance. For example, we have seen payroll providers mishandle EPSL/EFML, EIDL, and PPP calculations, to the detriment of business owners (and to the tune of tens of thousands of dollars). We have also seen incorrect or misleading guidance issued by the very agencies tasked with administering and enforcing these programs. While such confusion is perhaps unsurprising given the complexity and novelty of these programs, the risks are real and substantial. 

Business Takeaway: For FFCRA leave issues, contact Adam at 414-446-8800 or adam@goldsteinsc.com with any questions or concerns. For your FFCRA eligibility determinations and your PPP/EIDL calculations, mistakes can result in a denial of tax credits or affect your PPP forgiveness calculations. Contact Corey at 414-446-8800 or corey@goldsteinsc.com for assistance with these calculations.