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Paid Family and Medical Leave Tax Credit

Effective January 1, 2018, a tax credit for wages paid to employees taking FMLA leave may generally be taken by employers who:

  • Allow all qualifying full-time employees at least 2 weeks of annual paid family and medical leave;
  • Allow all less-than-full-time qualifying employees a commensurate amount of leave on a pro rata basis;
  • Under their paid family and medical leave program, pay at least 50% of the wages normally paid to an employee.

Paid vacation leave, personal leave, or medical or sick leave other than leave under the FMLA is not considered FMLA leave for purposes of the credit.  

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