08/27/2026
Paid Family and Medical Leave Tax Credit Opportunities Expanded for Employers
Employers have expanded opportunities to claim the paid family and medical leave tax credit under IRC §45S beginning in 2026. Notice 2026-28 provides guidance on changes that made the credit permanent and added a method for calculating it using qualifying paid leave insurance premiums.
Eligible employers may calculate the credit using qualifying wages paid during family and medical leave or premiums paid for qualifying coverage. Employers can use both methods for different leave but cannot claim both for the same benefits. When an insurance policy combines qualifying and nonqualifying coverage, premiums must be allocated using a reasonable, consistently applied method supported by well-kept records.
The rules also allow employers to elect a six-month employment requirement for qualifying employees who customarily work at least 20 hours per week.