Can employees be paid in excess of FMLA or Sick Lead provided by the Families First Coronavirus Response Act?

The regulations do not explicitly prohibit companies from paying employees in excess of FMLA or Sick leave. However, any excess payments will not be eligible for business credit.

Please note: the pay codes Namely will soon offer to process leave payments from ARPA have an annual limit, as mandated by the Federal Government. Namely will not allow you to surpass the annual limit with any leave codes. The codes do not validate the daily limit.

If you wish to pay an employee over and above the daily or annual limit, it is up to your discretion. Any payments in excess of these limits would require the use of an additional pay code. 

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