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Paid Family and Medical Leave Credit (45S) Made Permanent | HelloBooks The 45S credit is permanent, covers insurance premiums from 2026 and reaches more employees. Notice 2026-28 explains the rules for employer clients.

Business returns · employer credits

The paid family and medical leave credit is permanent and wider

The 45S credit used to be temporary and narrow. It is now permanent, more employees count toward it, and from 2026 employers can base it on premiums paid for leave insurance.

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Business returns · employer credits

Credit rate

12.5% to 25% of leave wages

Leave covered
Up to 12 weeks a year
Employee service needed
Six months
Guidance
Notice 2026-28

Applies: Expanded rules from 2026From IRS.gov · checked October 10, 2026

What changed

The credit is a general business credit of 12.5% to 25% of wages paid to qualifying employees on leave, for up to 12 weeks a year. Employees with six months of service now qualify, and part-time employees count if they customarily work 20 hours or more a week.

From 2026, employers can claim the credit for premiums paid on paid family and medical leave insurance policies instead of wages paid during leave. Notice 2026-28 explains how to allocate premiums and how to choose between the two methods.

State-mandated leave

Leave an employer provides because a state or local law requires it counts toward meeting the eligibility rules, but not toward the credit calculation. In states with their own paid leave programs, expect a smaller credit than the headline rate suggests.

What to set up in payroll

Leave wages need to be identifiable by employee and by period, separate from regular wages and from state-mandated leave. If the client buys a leave insurance policy, record the premiums in their own expense account so the premium method can be documented.

FAQ

Frequently asked questions

Do part-time employees count for the 45S credit?
Yes, if they customarily work 20 hours or more per week, under the expanded rules described in IR-2026-86.
Can an employer claim the credit on insurance premiums?
Yes, starting in 2026, for premiums paid on paid family and medical leave insurance policies.

Sources

General information for tax professionals, not advice on a specific return. Figures are from IRS.gov on the date shown; check the current IRS instructions before filing.

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