News & Analysis as of

Internal Revenue Service Paid Time Off (PTO)

The United States Internal Revenue Service is a bureau of the United States Department of the Treasury. The IRS is charged with collecting revenue and enforcing the Internal Revenue Code.  
Rivkin Radler LLP

An Inveterate Golfer At the IRS

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As we approach the deadline for paying federal individual income taxes and, generally, for filing the returns on which such taxes are determined, some of you may be recalling how the Inflation Reduction Act of 2022...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

IRS Provides Guidance on PTO Donation Programs to Aid Victims of Hawaii Wildfires

On September 28, 2023, the Internal Revenue Service (IRS) issued updated guidance for employers that have adopted or are considering leave-based programs that allow employees to donate sick, vacation, or personal leave to...more

Pillsbury Winthrop Shaw Pittman LLP

Don’t Let Bank Uncertainty Delay Payroll: Considerations for Employers

With bank uncertainty making headlines, we answer employers’ most frequently asked questions about the consequences of payroll delays, strategies for mitigating risk and more. ...more

Holland & Hart - The Benefits Dial

You Can’t Touch That: Permitting Cashouts of PTO May Create Tax Traps for Employees and Employers

As we approach year end, employers should give some thought to reviewing their PTO policies for the coming year. One of the most common tax traps that we see is employers offering employees the right to cash out their PTO....more

Holland & Hart LLP

Employer Considerations For Leave Donation Programs

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We are now several months into the "Great Return" — with employers declaring that employees must return to the workplace. To incentivize office engagement, employers are replacing COVID-19 testing, vaccination and mask...more

Holland & Hart - The Benefits Dial

If I Leave Here Tomorrow, Would You Still Remember Me? How to Structure a Bona-Fide Leave Donation Policy

Clients routinely ask how to get “creative” with accrued paid time off (PTO) banks. In an earlier blog post, I wrote about the ability (or rather, the inability) of employees to have the unrestricted right to cash out PTO....more

Littler

Federal Tax Credits Now Available When Certain Employees Use Emergency Paid Leave to Help Others Obtain or Recover from COVID-19...

Littler on

The federal Internal Revenue Service (IRS) has announced that certain employers can claim federal tax credits when employees use emergency paid leave to accompany an individual to obtain a COVID-19 vaccination and/or to care...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Twisting Arms to Get Jabbed, White House Says: ‘Vaccination Incentives All Around!’

On April 21, 2021, in a further push to encourage COVID-19 vaccinations for those individuals who have been hesitant, the White House issued a fact sheet titled, “President Biden to Call on All Employers to Provide Paid Time...more

Fisher Phillips

An Employer’s Guide To Managing PTO Donation Requests In The COVID-19 Age

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As the pandemic continues to scar wide portions of our society, a number of employees have expressed to their employers an interest in donating their own PTO to help co-workers and community members adversely impacted by...more

Eversheds Sutherland (US) LLP

Buyer beware: tax complications can thwart vacation buyback programs

COVID-19 has disrupted many aspects of work and play, leaving employees with canceled vacations and hesitance to schedule additional travel. As a result, employers are grappling with an unusual dilemma - managing ever-growing...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

IRS Provides Guidance on PTO Donation Programs to Aid Victims of the COVID-19 Pandemic

The novel coronavirus (COVID-19) continues to cause widespread challenges for employers and their employees. Accordingly, employers have implemented a number of policies and programs to assist employees and others impacted by...more

Groom Law Group, Chartered

Leave Donation Programs for COVID-19

The IRS recently issued Notice 2020-46 that provides for a special leave donation program available for the COVID-19 pandemic. This brings the total to three tax-favored leave programs that are currently available to...more

Morgan Lewis

IRS Releases Guidance on Charitable Leave-Based Donation Programs

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Charitable leave-based donation programs provide employees the option of donating leave that can be converted into cash contributions to charities assisting the victims of the novel coronavirus (COVID-19) pandemic....more

Blank Rome LLP

IRS Okays Funding Employer COVID-19 Charitable Contributions from Employee Leave Donations

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In a recent announcement (Notice 2020-46), the Internal Revenue Service (“IRS”) provided guidance to employers for how to exchange employee elections to forego vacation, sick, or personal leave for cash payments that the...more

Jackson Lewis P.C.

IRS Provides Guidance On Employer Leave-Based Donation Programs That Aid Victims Of The COVID-19 Pandemic

Jackson Lewis P.C. on

IRS Notice 2020-46 addresses the tax treatment of employees who elect to have their employers donate sick, vacation or personal leave as cash payments to charitable organizations that provide relief to victims of the COVID-19...more

Littler

IRS Issues Guidance on PTO Donations to Charity

Littler on

In Notice 2020-46, the IRS explains how employees can forgo their paid time off balances to allow their employers to make donations to charities that are assisting individuals impacted by the COVID-19 pandemic....more

Epstein Becker & Green

Employer-Sponsored Leave Sharing or Leave Donation Programs: Benefits Guidance in the Time of COVID-19

Epstein Becker & Green on

Many employers are looking for ways to assist employees directly impacted by COVID-19 and employees on temporary lay-off or furlough who are exhausting their available paid-time-off (PTO)....more

Jackson Walker

U.S. Government Provides Additional Relief and Tools to Aid Employers and Employees During COVID-19 Pandemic

Jackson Walker on

More Relief Provided Late on Friday - On March 20, 2020, a joint news release issued by the Internal Revenue Service, the U.S. Treasury Department, and the U.S. Department of Labor announced regulations to be issued this...more

Faegre Drinker Biddle & Reath LLP

Benefit Plan FAQs on COVID-19 – Part 2

In these difficult times, some employees may want to donate some of their accrued paid-time off, vacation, or leave to help other employees take leave to recover from COVID-19 or to care for family members with COVID-19. ...more

Stinson LLP

IRS and Other Federal Agencies Provide New Guidance on Paid Leave Tax Credits

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The U.S. Treasury Department, Internal Revenue Service (IRS) and the U.S. Department of Labor (DOL) collectively, the "agencies," issued a press release Friday, March 20 updating employers required to provide paid leave to...more

Sherman & Howard L.L.C.

Retirement Plans And COVID-19 Considerations

This past period of time has brought much uncertainty to the world as well as to employers with retirement plans that have been impacted by COVID-19. This advisory provides insights and guidance to consider for...more

Dentons

HR Quick Takes: PTO donations

Dentons on

Q: Can one employee donate PTO to another? A: Yes, but the government doesn’t make kindness easy. There are IRS rules which directly impact PTO donation plans....more

Vedder Price

IRS Issues Notice 2018-71 to Clarify Tax Credit for Paid Medical Leave

Vedder Price on

Any employer who offers employees paid family or medical leave may benefit from the new Internal Revenue Code Section 45S, added by the Tax Cuts and Jobs Act and clarified on September 24, 2018 by Internal Revenue Service...more

Littler

IRS Issues FAQs on Paid Family and Medical Leave Tax Credit

Littler on

The IRS has issued FAQs to provide guidance to employers relating to portions of the newly enacted Tax Cuts and Jobs Act of 2017 that created the Paid Family and Medical Leave Tax Credit....more

Epstein Becker & Green

Hurricane Harvey and Tropical Storm Harvey: What Kind of Relief May Employers Offer to Affected Employees? What About Hurricane...

Employers with employees and operations impacted by Hurricane and Tropical Storm Harvey are asking what type of compensation, employee benefits, and tax relief may be available to them and their affected employees. There are...more

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