Tax Planning
Harvesting the Expanded Paid Family & Medical Leave Credit: What Employers Need to Know
Under the Working Families Tax Cuts, the PFML credit is now **permanent** and **more flexible**—new premium-based election, eligibility for part-timers, and counting state mandates make it more accessible than ever.
By NomadicTax Research Team • 5-8 min read • August 31, 2026
## Overview of the PFML Credit Changes
The **Working Families Tax Cuts (WFTC)** act permanently expanded the **Paid Family & Medical Leave (PFML)** employer tax credit, effective in **taxable year 2026**. The new guidance, found in **Notice 2026-28**, clarifies how and when employers can use the credit—including a new **premium-based method** alongside the traditional wage-based method. ([irs.gov](https://www.irs.gov/newsroom/treasury-irs-issue-guidance-on-the-permanent-expansion-of-paid-family-and-medical-leave-under-the-working-families-tax-cuts?utm_source=openai))
---
## What’s Different Now
| Feature | Old Rule | New Under WFTC Credit |
|---------|----------|------------------------|
| Eligibility | Employees with a year of service, full-time work focus | **Employees with 6 months of service**, part-time (20+ hrs/week) qualify. ([irs.gov](https://www.irs.gov/newsroom/treasury-irs-issue-guidance-on-the-permanent-expansion-of-paid-family-and-medical-leave-under-the-working-families-tax-cuts?utm_source=openai))|
| Credit basis | Wages paid during leave | **Option to use insurance premiums** paid/incurred, even if no employee takes leave. ([irs.gov](https://www.irs.gov/newsroom/treasury-irs-issue-guidance-on-the-permanent-expansion-of-paid-family-and-medical-leave-under-the-working-families-tax-cuts?utm_source=openai))|
| State/local leave mandates | Excluded in calculations | Counts toward eligibility (i.e. meeting duration & eligibility), though **not** in calculation of credit amount. ([irs.gov](https://www.irs.gov/newsroom/treasury-irs-issue-guidance-on-the-permanent-expansion-of-paid-family-and-medical-leave-under-the-working-families-tax-cuts?utm_source=openai))|
| Credit amount range | Previously lower or limited | **12.5% to 25%** of wages or eligible premiums for up to 12 weeks leave. ([irs.gov](https://www.irs.gov/newsroom/treasury-irs-issue-guidance-on-the-permanent-expansion-of-paid-family-and-medical-leave-under-the-working-families-tax-cuts?utm_source=openai))|
---
## How to Choose Between Wage-Based vs Premium-Based Methods
- The **wage-based method** still applies when you pay employees directly during their leave. Good for predictable or used leave rates.
- The **premium-based method** benefits employers who pay PFML insurance premiums—especially if leave take isn’t frequent. Useful for balancing cash flow and coverage costs.
- To use the premium method, follow guidance in **Notice 2026-28** on elections and allocations. Keep documentation of premiums and how they relate to employees covered. ([irs.gov](https://www.irs.gov/newsroom/treasury-irs-issue-guidance-on-the-permanent-expansion-of-paid-family-and-medical-leave-under-the-working-families-tax-cuts?utm_source=openai))
---
## Practical Examples
- A part-time employee (25 hrs/week) with 6 months on staff takes 8 weeks of leave in 2026. Employer can use either method, depending on whether they pay the wages or incur insurance premiums.
- An employer in a state with mandatory family leave (say California) can count that leave toward eligibility, even if paid locally. But credit calculation excludes state benefits—so both methods could still help.
---
## Action Steps for Employers
1. **Review or set your PFML policy** to meet the legal requirements (e.g. allow part-time employees after 6 months, 20-hour minimum).
2. **Track leave and insurance premium costs separately**, so you can choose the most beneficial method.
3. **Implement election process** timely—premium election requires correct election per IRS guidance.
4. **Design payroll and accounting systems** to distinguish wages paid during leave vs premiums paid/incurred.
5. **Document state/local leave**, especially in states with mandatory leave laws, to meet eligibility.
---
## Implications for Tax Planning
- Good opportunity for small businesses to claim meaningful credits they might have missed before.
- Companies should model the cost vs benefit: premium method may cost upfront but reduce exposure if leave usage rises.
- Potential recruitment and retention advantage—benefits like PFML can make employers more competitive.
**Bottom line**: The PFML credit under WFTC is now broader, more flexible, and more beneficial. Employers should act now to adjust programs, systems, and elections to take full advantage.