Whether it makes sense for an employer to implement a new policy or modify an existing policy to take advantage of this tax credit depends on careful analysis of expected FMLA usage by the company’s employees in the coming year and consideration of the unknowns remaining until the IRS issues regulations. We will publish additional guidance for employers when IRS regulations are released, but in the meantime, employers interested in creating policies that qualify for the tax credit should consult counsel to collaborate on the appropriate language for such policies.
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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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