This bill enhances the existing paid family and medical leave tax credit for eligible employers, modifying calculation methods, aggregation rules, and employee qualifications, while also mandating outreach programs to increase awareness and utilization of the credit. It also clarifies that paid leave mandated by state or local governments does not count towards the federal tax credit, with some exceptions.
Randy Feenstra
Representative
IA-4
The "Paid Family and Medical Leave Tax Credit Extension and Enhancement Act" amends the Internal Revenue Code to enhance the paid family and medical leave credit for eligible employers. It modifies the calculation of the credit, clarifies aggregation rules, and refines the definition of qualifying employees. The act also mandates outreach by the Small Business Administration and the Treasury to educate employers about the credit and its requirements.
The "Paid Family and Medical Leave Tax Credit Extension and Enhancement Act" is revamping the existing tax credit for businesses that offer paid family and medical leave. Here’s the deal: instead of just a portion of wages paid during leave, employers can now also claim a credit based on a percentage of premiums paid for a qualifying insurance policy that covers this leave. This opens up a new avenue for businesses, especially smaller ones, to get some financial relief for offering this crucial benefit.
This bill tweaks the way the credit is calculated. It sets the credit as a percentage of wages or insurance premiums, and it’s looking at the payment rate of the policy, even if employees don't end up taking leave that year. This means businesses can plan ahead with more certainty about the credit they’ll receive. There are some guardrails, of course. To qualify, employees need to have been with the company for at least a year, earn no more than a specified amount (this amount will be defined in future regulations), and usually work at least 20 hours a week. Think of a retail worker who's been at their job for 18 months, working 25 hours a week, and needs to take time off to care for a new child – they'd be covered, and their employer could claim the credit.
The law also clarifies how businesses under common ownership are treated. Basically, if you’re considered a single employer under existing tax rules, you’re treated the same way for this credit – unless you can show a real business reason for not having a unified written leave policy (Section 2(c)). This prevents companies from trying to game the system to claim more credits than they should.
It also addresses a tricky issue: state and local paid leave mandates. The bill says that any leave paid for or required by state or local governments counts toward an employer’s total paid family and medical leave. However, that state/local-funded portion doesn't qualify for the federal tax credit (Section 2(d)). There are some exceptions, but this generally prevents double-dipping.
Knowing about the credit is half the battle. That’s why the bill requires the Small Business Administration (SBA) and the Treasury to actively inform businesses about this credit (Sections 2(g) and 2(h)). They'll even help businesses develop their own written paid family leave policies. This is a big deal for smaller businesses that might not have the resources to navigate these rules on their own.
These changes kick in for tax years starting after this law is enacted, giving businesses some time to adjust. Overall, this bill aims to make paid family and medical leave more accessible by giving employers more financial incentives and support to offer it. While there are details to work through, it’s a significant step toward expanding this benefit for workers across the country.