U.S Code last checked for updates: Jul 21, 2024
§ 45S.
Employer credit for paid family and medical leave
(a)
Establishment of credit
(1)
In general
(2)
Applicable percentage
(b)
Limitation
(1)
In general
(2)
Non-hourly wage rate
(3)
Maximum amount of leave subject to credit
(c)
Eligible employer
For purposes of this section—
(1)
In general
The term “eligible employer” means any employer who has in place a written policy that meets the following requirements:
(A)
The policy provides—
(i)
in the case of a qualifying employee who is not a part-time employee (as defined in section 4980E(d)(4)(B)), not less than 2 weeks of annual paid family and medical leave, and
(ii)
in the case of a qualifying employee who is a part-time employee, an amount of annual paid family and medical leave that is not less than an amount which bears the same ratio to the amount of annual paid family and medical leave that is provided to a qualifying employee described in clause (i) as—
(I)
the number of hours the employee is expected to work during any week, bears to
(II)
the number of hours an equivalent qualifying employee described in clause (i) is expected to work during the week.
(B)
The policy requires that the rate of payment under the program is not less than 50 percent of the wages normally paid to such employee for services performed for the employer.
(2)
Special rule for certain employers
(A)
In general
An added employer shall not be treated as an eligible employer unless such employer provides paid family and medical leave in compliance with a written policy which ensures that the employer—
(i)
will not interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under the policy, and
(ii)
will not discharge or in any other manner discriminate against any individual for opposing any practice prohibited by the policy.
(B)
Added employer; added employee
For purposes of this paragraph—
(i)
Added employee
(ii)
Added employer
(3)
Aggregation rule
(4)
Treatment of benefits mandated or paid for by state or local governments
(5)
No inference
(d)
Qualifying employees
For purposes of this section, the term “qualifying employee” means any employee (as defined in section 3(e) of the Fair Labor Standards Act of 1938, as amended) who—
(1)
has been employed by the employer for 1 year or more, and
(2)
for the preceding year, had compensation not in excess of an amount equal to 60 percent of the amount applicable for such year under clause (i) of section 414(q)(1)(B).
(e)
Family and medical leave
(1)
In general
(2)
Exclusion
(3)
Definitions
(f)
Determinations made by Secretary of Treasury
(g)
Wages
(h)
Election to have credit not apply
(1)
In general
(2)
Other rules
(i)
Termination
(Added Pub. L. 115–97, title I, § 13403(a)(1), Dec. 22, 2017, 131 Stat. 2135; amended Pub. L. 116–94, div. Q, title I, § 142(a), Dec. 20, 2019, 133 Stat. 3234; Pub. L. 116–260, div. EE, title I, § 119(a), Dec. 27, 2020, 134 Stat. 3051.)
cite as: 26 USC 45S