Great question!
On September 30th, 2021 the tax credits expired for employers who have been voluntarily providing paid leave to employees who have required time off due to one of the many COVID-19 related reasons under ARPA.
To date, there has been no extension and no conversation about an extension. If we do get an update from DOL, IRS, or the White House, I will update this post.
Until then, it’s business as usual. Sick pay, unpaid leave, FMLA, or any other leave that you may be required to provide by the law of your state for COVID-related illnesses. I do not suggest terminating employees who struggle with a COVID illness or the illness of a family member. But, other than FMLA or a state equivalent, we have no mandates in place that will prohibit you from making decisions that are best for your organization.
We should also remember that the EEOC has said “long-COVID” is a covered disability under the ADA. So, be sure an observe the Interactive Process and determine whether reasonable accommodations are available to employees affected by “long COVID”. https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/guidance-long-covid-disability/index.html
Stay tuned!
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