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On March 18th, the Senate passed H.R 6201, the Families First Coronavirus Response Act, on a 90-8 vote. That evening the President signed the act into law. According to the provisions of H.R. 6201, the law takes effect “not later than 15 days after the date of enactment of this Act.” (See Section 5108.) That would mean the law is effective no later than April 2, 2020.

For paid sick leave, H.R. 6201 defines employer to generally include any public agency covered by the Fair Labor Standards Act. For the paid FMLA, H.R. 6201 does not appear to apply to employers with more than 500 employees. (Section 3102.) However, the way the law is written it appears to apply to all public agencies even if the agency employees more than 500 employees (See FMLA section 101(4)(A)(iii).

The language excluding public agencies from the tax credit for providing paid sick leave and paid FMLA remains. (Section 7001(e)(4) (paid sick leave); 7003(e)(4) (paid family leave).) This means that although public agencies must provide these paid benefits, they apparently will not receive any tax credit to pay for the benefits.

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