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1 1 (March 16, 2020)

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              Congressional
            .Research Service
 ~          ~~  ~informing the legis!ative debate since 1914____________________




 Tax Credit for Paid Sick and Family Leave in

 the   Families First Coronavirus Response Act

 (H.R. 6201)



 March   16, 2020
 The Families First Coronavirus Response Act (H.R. 6201) includes an employer tax credit for the paid
 sick and family leave required as part of this legislation. This tax credit is intended to help businesses
 with the cost of providing paid leave to address the coronavirus disease (COVID-19) pandemic.


 Tax   Credits for Paid Leave

 The employer payroll tax credit is for wages paid to fulfill the new leave requirements. The Emergency
 Paid Sick Leave Act, Division E of H.R. 6201, requires private employers with fewer than 500
 employees, and all government employers, to provide employees with two workweeks of paid sick leave
 for coronavirus-related leave purposes. The Emergency Family and Medical Leave Expansion Act,
 Division C of H.R. 6201, provides employees of employers with fewer than 500 employees expanded
job-protected Family and Medical Leave Act (FMLA) leave; under certain conditions this leave must be
partially compensated by employers. The legislation expands access to paid sick and family leave for
employees at many small- and mid-sized businesses. Employees of large businesses, however, would not
have guaranteed access to paid sick or family leave under this proposal.

Employer Payroll Tax Credit

The employer payroll tax credit is computed using wages paid, and claimed against the employer's share
of the Social Security payroll tax in each calendar quarter. The Social Security payroll tax rate is generally
12.4% of wages, with 6.2% paid by employers and 6.2% paid by employees. The tax applies to workers'
earnings up to an annual limit, $137,700 in 2020. The Social Security trust fund will not be affected by
the tax credit. A general fund transfer to the trust fund will offset the reduction in federal revenues from
the tax credit.
The tax credit is refundable. If an employer's tax credits exceed its payroll tax liability, the excess can be
received as a payment from the Treasury. Employers that claim this credit are required to include the
amount claimed in gross income, for income tax purposes, offsetting the reduction in gross income from
                                                              Congressional Research Service
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