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Michael Kantor, left, and Brooke Ehrlich, right, partners with Weiss Serota Helfman Cole & Bierman in Fort Lauderdale. Michael Kantor, left, and Brooke Ehrlich, right, with Weiss Serota Helfman Cole & Bierman in Fort Lauderdale.

The leftover turkey is gone, holiday decorations are going up, and the year that seemed like it would never end is finally winding down. Like so many other things in 2020, employers are being forced to forgo their annual holiday parties for the health and safety of their employees. But fear not! There is still fun to be had. As New Year’s Eve approaches without the promise (or threat) of alcohol-induced party shenanigans, we offer five cocktail-themed legal issues for employers to keep in mind as they ring in the New Year.

Eggnog with FFCRA sprinkles: Few drinks evoke the holiday season better than eggnog. Like eggnog, the Families First Coronavirus Response Act (FFCRA) was tasty in December but will leave a bad taste in your mouth on Jan. 1, 2021. That is because the emergency paid sick leave and expanded family and medical leave benefits provided by the FFCRA, which provided eligible employees to up to two weeks of paid sick leave and up to 12 weeks of expanded FMLA leave for certain qualifying reasons related to COVID-19, are set to expire on Dec. 31. Remember that employees cannot “cash out” any unused leave. Employees who are out on FFCRA leave in late December should be advised that their leave will expire on Jan. 1. Unless and until Congress decides to extend the FFCRA or provide some other benefit, FFCRA leave benefits end in 2021.

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