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Tax Planning

Maximizing the Expanded Credit for Paid Family & Medical Leave

Permanent expansion of the PFML employer credit gives business owners and employees new options under the Working Families Tax Cuts.

By NomadicTax Research Team · 5-8 min read

What changed under the Working Families Tax Cuts (WFTC)

  • Section 45S, the Paid Family and Medical Leave (PFML) employer credit, is now permanently expanded. (irs.gov)
  • Employers can now file for qualified leave up to 12 weeks and elect between two methods to compute credit: wage-based or premium-based. (irs.gov)

Key eligibility rules

  • PFML must meet specific requirements: paid leave for a newborn, serious illness, or caring for a family member.
  • Employers must maintain eligible programs that qualify under federal definition; state-mandated leave can count toward eligibility, but not toward credit calculation. (irs.gov)

How to claim & calculation methods

MethodWhat it coversTypical Percent
Wage-based methodWages paid to qualifying employees during leaveBetween 12.5 % to 25 % as per statute, based on employer’s leave program. (irs.gov)
Premium-based methodPremiums paid for PFML insurance policiesEligible beginning 2026, allowing flexibility for small business or employers using insurance. (irs.gov)

Election must be made properly; guidance in Notice 2026-28 addresses election between wage and premium method. (irs.gov)

Practical examples

  1. Small Business A offers leave to employees without a PFML insurance policy. They can use wage-based method. If employee takes 6 weeks of leave, employer claims credit against wages paid during that leave.
  2. Company B purchases PFML insurance policy premiums to cover leave. Starting in 2026, they can choose the premium-based method, reducing cost volatility during leave events.

Implications for employees & businesses

  • Employees get better family/medical leave support with financial cost less burdensome to the employer.
  • Businesses—especially small and medium—get a stronger incentive and clearer choices.
  • Make sure internal leave policies, payroll, and insurance are well-coordinated to satisfy eligibility and documentation needs.

Action plan for businesses

  • Review your current leave offerings and insurance policies.
  • Determine whether wage-based or premium-based method makes financial sense annually.
  • Update payroll systems to segregate PFML-eligible wages or premiums.
  • Keep comprehensive records of when leave is taken and premiums are paid.
  • Monitor forthcoming proposed regulations for more detailed rules—file comments if needed.

By leveraging the expanded PFML credit, businesses not only support worker wellbeing, but also gain tax savings—incentivizing a healthier workplace.

Sources

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