The IRS issued Rev. Rul. 2025-4 on January 15, 2025, regarding the federal income and employment tax treatment and related reporting requirements of contributions to, and benefits paid under, a mandatory state paid family and medical leave (PFML) program. The ruling includes various tax treatment scenarios containing the IRS’ guidance with respect to contributions and benefits under a state PFML program. Notably, the IRS informs that employer contributions made to a state-mandated PFML program generally may be deducted by the employer as an excise tax and that benefits paid by state PFML programs do not constitute wages paid to employees.

State Paid Family and Medical Leave Programs

While there is no federal law providing or guaranteeing access to paid family and medical leave for workers in the private sector, some states have implemented state level paid leave programs and requirements. These mandated programs provide wage replacement to workers for periods in which they must take time off from work to care for themselves or a family member. To fund these programs, in-state employers and employees are required to make contributions with respect to the employee to the state’s PFML program fund, which is operated and administered by the state. The employer and employee contributions must generally be equal to a specified percentage of the employee’s average weekly wages. The ruling does not address the tax treatment of an alternative arrangement allowed under the state law under which an employer may establish and maintain a private plan for the payment of family and medical leave benefits to eligible employees in lieu of making contributions to the state fund.


Tax Treatment of Employer and Employee Contributions

Employer Contributions. Employers may deduct employer contributions under a PFML program as an excise tax, and the employer contributions are not required to be included in the employees’ federal gross income.

Employee Contributions. In contrast, contributions required to be deducted from an employee’s pay under a PFML program must be deducted on an after-tax basis.  Accordingly, employers must include an employee’s contributions under a PFML program as wages for purposes of federal income tax and FICA taxes, as well as reporting on the employee’s Form W-2. Employees may deduct the contribution as state income tax, provided that the employee itemizes deductions and subject to the $10,000 limit on state and local tax deductions under current law.

Employer Pick-up Contributions. Under some state PFML programs, employers may voluntarily pay all or a portion of an employee’s otherwise mandatory contributions, rather than withholding such amounts from the employee’s wages (an “employer pick-up”). In this scenario, employers may deduct the employer pick-up contribution amount as a business expense. Employers must include the voluntary contribution as wages on the employee’s Form W-2, and the pick-up contribution is additional compensation to the employee and is included in their federal gross income as wages.  Consequently, the employer must either withhold income taxes and FICA taxes (as applicable) from the employee’s other wages on the amount of the pick-up contribution or gross-up the contribution.  Employees may deduct pick-up contributions as state income tax, provided that the employee itemizes deductions and subject to the $10,000 limit on state and local tax deductions under current law.

Taxability of Benefits Paid and Received

Family Leave Benefits. Employees must include the amounts attributable to employer contributions in their federal gross income, however such contribution amounts will not constitute wages. Employees must include the amounts attributable to their own employee contributions and/or any employer pick-up of such employee contribution in their federal gross income, however these amounts do not constitute wages.  As a result, the benefits will generally not be subject to federal withholding unless the employee is subject to backup withholding.

Medical Leave Benefits. Employees must include the amounts attributable to employer contributions in their federal gross income, however such contribution amounts will not constitute wages paid by the employer. Consistent with the rules for third-party sick pay generally, the state that pays the benefits is liable for FICA taxes on the benefits attributable to employer contributions and may be required to withhold federal income tax on those amounts if the employee elects federal income tax withholding. (This assumes that the state has not shifted the liability for the employer’s share of FICA taxes to the employer.) Taxable benefits are reported on Form W-2 issued by the state, unless liability for the employer’s share FICA taxes has been transferred to the employer, in which case, the employer may be required to file the Form W-2 absent an agreement for the state to file the Form W-2 as an agent of the employer. If the liability for the employer’s share of FICA taxes has been transferred from the state to the employer, Form 8922 (Third-Party Sick Pay Recap) may also be required.

Employees may exclude the amounts attributable to their employee contributions and/or any employer pick-up of such employee contribution from their federal gross income.  In states where the benefit is funded entirely by employee contributions, such as New York, these benefits will be entirely tax-free and not subject to withholding. 

Transition Period for Enforcement and Administration

The IRS indicted that 2025 will be regarded as a transition period for purposes of enforcement and administration of the reporting requirements and other rules described in Rev. Rul. 2025-4. The transition period is intended to provide the District of Columbia, states, and employers adequate time to adjust their reporting structures and to facilitate an orderly transition to compliance.

Photo of Montené Speight Montené Speight

Montené Speight is an associate in the firm’s New York office and is a member of the Corporate Practice Group. She advises clients in public and private transactions and other general corporate matters. She spends a significant amount of her practice advising clients…

Montené Speight is an associate in the firm’s New York office and is a member of the Corporate Practice Group. She advises clients in public and private transactions and other general corporate matters. She spends a significant amount of her practice advising clients on all aspects of employee benefits and executive compensation including in connection with employment, separation, and change-in-control agreements. Montené counsels clients on compliance with ERISA, the Internal Revenue Code, and agency regulations. She has experience drafting and advising on tax-qualified retirement plans, health and welfare plans, and cash and equity incentive compensation plans.

Photo of S. Michael Chittenden S. Michael Chittenden

Michael Chittenden practices in the areas of tax and employee benefits with a focus on the Foreign Account Tax Compliance Act (FATCA), information reporting (e.g., Forms 1095, 1096, 1098, 1099, W-2, 1042, and 1042-S) and withholding, payroll taxes, and fringe benefits. Michael advises…

Michael Chittenden practices in the areas of tax and employee benefits with a focus on the Foreign Account Tax Compliance Act (FATCA), information reporting (e.g., Forms 1095, 1096, 1098, 1099, W-2, 1042, and 1042-S) and withholding, payroll taxes, and fringe benefits. Michael advises companies on their obligations under FATCA and assists in the development of comprehensive FATCA and Chapter 3 (nonresident alien reporting and withholding) compliance programs.

Michael advises large employers on their employment tax obligations, including the special FICA and FUTA rules for nonqualified deferred compensation, the successor employer rules, the voluntary correction of employment tax mistakes, and the abatement of late deposit and information reporting penalties. In addition, he has also advised large insurance companies and employers on the Affordable Care Act reporting requirements in Sections 6055 and 6056, and advised clients on the application of section 6050W (Form 1099-K reporting), including its application to third-party payment networks.

Michael counsels clients on mobile workforce issues including state income tax withholding for mobile employees and expatriate and inpatriate taxation and reporting.

Michael is a frequent commentator on information withholding, payroll taxes, and fringe benefits and regularly gives presentations on the compliance burdens for companies.