The Families First Coronavirus Response Act (FFCRA) was enacted in 2020 to provide various types of COVID-19 relief to Americans. At the present time, the regulations interpreting these changes have not yet been issued by the federal government. Senate Intelligence Committee Chairman Sen. Mark Warner, D-Va., and ranking member Sen. Marco Rubio, R-Fla., sent a letter to the Senate majority and minority leaders asking them to extend Section 3610 until September 30, 2021, through either free-standing legislation or as a provision on the next appropriate legislative vehicle. It is currently set to expire on March 31, after the most recent extension from the fiscal 2021 appropriations and COVID package enacted in late-December. 512-320-0910 823 Congress Avenue, Suite 1500, Austin, Texas 78701 info@CHATexas.com 2021 Children's Hospital Association of Texas. Family Leave. The employees regular rate of pay for the workweek in which the leave is taken, A rate calculated by dividing the employees total wages, not including overtime premium pay, by the employees total hours worked in the full pay periods of the prior 90 days of employment, The retroactive payment is for leave taken by the covered employee between January 1, 2021 and March 28, 2021, The leave taken by the covered employee was for one of the qualifying reasons under the 2021 COVID-19 Supplemental Paid Sick Leave law (see FAQ 4), and. In the newest COVID-19 stimulus law, the American Rescue Plan ("ARP") Act of 2021, the current Congress provided yet another extension of the voluntary FFCRA paid leave law. Two important aspects immediately impacting employers are the bills retroactive payment requirement and its wage statement provision. These critical protections were due to expire in March, leaving many at risk of falling further into debt and losing their homes. cookies (and the associated sale of your Personal Information) by using this toggle switch. technologies for the following purposes: We do not allow you to opt-out of our certain cookies, as they are necessary to %PDF-1.7 % On December 31, 2020, the Family's First Coronavirus The employee is experiencing symptoms related to a COVID-19 vaccine that prevents the employee from being able to work or telework. President Biden is committed to protecting homeownership and housing stability as America begins to turn a painful crisis into a robust recovery. Schedule A bypassed certain requirements, like public posting on USAJobs, for example, as a way to speed up the hiring process. the employer, (2) the employee is waiting on the results of a content and messages you see on other websites you visit. Congress is in the middle of hammering out the details of that measure. 4. The Schedule A pandemic hiring authority enabled the Department of Health and Human Services, Small Business Administration, the Department of Veterans Affairs and three other agencies to hire a total of nearly 2,000 federal employees from March to December 2020, according to the Government Accountability Office. wish to take advantage of this voluntary program should stay tuned Existing law provided for COVID-19 paid sick leave until December 31, 2020. Increases the number of days from 50 to 60 in which a self-employed individual can claim the E-FMLA tax credit. POPULAR ARTICLES ON: Employment and HR from United States. stemming from the COVID-19 vaccine. The letters didn't mentioned President Bidens $1.9 trillion relief package specifically. COVID-19 related illnesses or quarantines (Paid Sick Yes! You may opt out of our use of such Employers who wish to utilize the voluntary program should be aware of the new requirements and expanded elements before committing to the program. Click on the different category headings to find out more and change our You may not be granted EPL if it will take you beyond the pay cap, but you could use annual leave or sick leave to balance out the pay period. Federal Emergency Paid Leave provisions expired Dec. 31; Leave options for 2021. paid leave occurring after April 1, 2021, have been significantly Any paid EPL will reduce the total service used to calculate your Federal civilian retirement benefit. Employees who were furloughed after April 1, 2020 were able to file for unemployment, not mandatory Paid FMLA. When you visit our website, we store cookies on your browser to collect As a national leader in Leave Management, The Hartford is administering the Leave component of the E-FMLA provisions and will continue to stay on top of developments to keep you informed. Now, employers may provide paid leave until September 30, 2021. Leave) and up to ten weeks for child care connected to In March 2020, OPM also authorized the use of the COVID-19 Schedule A hiring authority to fill positions for up to one year with a possible extension. Yes, Government Executive can email me on behalf of carefully selected companies and organizations. Part-time employees are entitled to a typical number of paid hours over two weeks. On March 19, 2021, California Governor Gavin Newsom approved Senate Bill 95 expanding existing paid sick leave benefits under the Healthy Workplaces, Healthy Families Act of 2014. An official website of the United States government. It sent a letter to House and Senate leadership on February 16 with its request andwas one of 11 groups, including the National Defense Industrial Association,to send anothersimilar letter on Thursday. see some advertising, regardless of your selection. Has been advised by a health care provider to self-quarantine due to COVID-19 concerns. another extension of the voluntary FFCRA paid leave law. The browser. The employee is attending an appointment to receive a vaccine for protection against contracting COVID-19. The letter was first reported by Federal News Network. browsers and GEMG properties, your selection will take effect only on this browser, this device and this Prevents employers from claiming the credit if they apply leave discriminately in favor of higher wage earners, full-time status or seniority. Paid sick leave amounts must be added to employee wage statements by the next full pay period following the date SB 95 takes effect (March 29, 2021). the maximum time periods for leave that occurs all before (or all If you used other types of paid leave, such as sick leave, after March 11 for the qualifying circumstances, you may also submit a request to convert that leave to EPL. You will still Restructures FMLA tax credits as a refundable payroll tax against the hospital insurance tax beginning after March 31, 2021. 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To print this article, all you need is to be registered or login on Mondaq.com. The New WG Member Community Resource Hub is Here! The newly passed legislation applied retroactively to January 1, 2021 is intended to extend coverage beyond the December expiration date through September 30, 2021. Again, whether you will be granted EPL retroactively will depend on whether Funds are still available. The first tax credit extension allows employers to claim the FFCRA tax credits on employees Paid Leaves taken between January 1 - March 31, 2021, under an employers voluntary plan to the extent that employees had not already used all their FFCRA paid leave before December 31, 2020. The rescue plan creates a Homeowners Assistance Fund which will provide states with $10 billion to help struggling homeowners catch up on their mortgage payments and utility costs. NOTICE TO EMPLOYERS REGARDING EXTENSION OF FEDERAL PAID LEAVE PROGRAMS FOR YOUR EMPLOYEES On March 11, 2021 President Biden signed into law the American Rescue Plan Act (ARPA), 2021, that among . Employee was caring for a minor child if school or place of care closed or the childcare provider was unavailable due to COVID-19 precautions(also payable under paid FMLA). More specifically, we use cookies and other tracking Several important details need to be ironed out, such as whether an employer can pick and choose which of these provisions it can voluntarily offer (which seems unlikely, but possible). 6. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. For additional resources, fact sheets, and posters, visit the Department of Labors. under the new Biden Administration, the FFCRA paid leave was As part of the 2021 COVID-19 Relief Package, Congress has again extended certain FFCRA refundable tax credits through September 30, 2021, for covered employers who voluntarily offer emergency paid leave of the type that was provided by the FFCRA and expanded the allowable leaves. Note: These FAQs address the tax credits available under the American Rescue Plan Act of 2021 (the "ARP") by employers with fewer than 500 employees and certain governmental employers without regard to the number of employees ("Eligible Employers") for qualified sick and family leave wages ("qualified . last Congress in late December 2020, issued a reprieve. Is experiencing any other substantially similar condition specified by OPM. DISCLAIMER: This client advisory is for general information purposes only. Cybersecurity - June 4, 2015; Diversity and Inclusion FAQ. voluntarily choose to provide FFCRA paid leave until March 31, If an employee requests the retroactive pay differential, the retroactive payment must then be made by the payday for the next full pay period after the employee makes the request. Please enable JavaScript to use this feature. 9. NOTICE TO EMPLOYERS REGARDING EXTENSION OF FEDERAL PAID LEAVE PROGRAMS FOR YOUR EMPLOYEES On March 11, 2021 President Biden signed into law the American Rescue Plan Act (ARPA), 2021, that among . 2021. We'll be in touch with the latest information on how President Biden and his administration are working for the American people, as well as ways you can get involved and help our country build back better. 2. To cover the additional 40 hours, you could request annual or sick leave. Do I have enough service time for a FERS annuity? is obtaining the COVID-19 vaccine, or (4) the employee is The current 10-day limitation runs from the start of the credits in 2020 through March 31, 2021. Each employee is allowed the maximum amount originally permitted by the FFCRA, either before April 1, 2021 or after April 1, 2021. Is experiencing COVID-19 symptoms and is actively seeking a medical diagnosis. use third-party cookies which are cookies from a domain different than the domain of the website you are Share sensitive information only on official, secure websites. For self-employed individuals, the ten-day limitation resets on January 1, 2021. requesting EPL for the first time, certifying that you understand EPL is granted conditionally and that if funds are not available, your leave will have to be converted to another type of leave or you will be required to make repayment. However, employers were given until March 31, 2021 to not only Todays extended forbearance and foreclosure programs are an important step towards building stronger and more equitable communities. intended if you do so. Paid Sick Leave, which are applicable to Paid Family Leave also: You can set your browser to block or alert you about these cookies, but some parts We also hb```b``e`e` B,@Q} @BnTyEiM+\L3Dt400utt00Ht `fG! 187 0 obj <> endobj If you have enabled privacy controls on your browser (such as a plugin), we have Official websites use .gov For eligible self-employed individuals caring for a family member or for a child whose school or place of care was closed due to COVID-19, the legislation provides a refundable tax credit equal to 67% of a qualified Sick Leave equivalent amount. The new 10-day limitation applies to sick days after March 31, 2021. The amount could differ if you receive certain premium pays such standby pay or night pay. This leave is available when an employee is unable to work, including telework, due to the impacts of COVID-19 included in the law. If limits are exceeded, employees will be required to repay any overpayments. Employee is subject to a federal, state, or local quarantine or isolation order regarding COVID-19. Employers who wish to take advantage of this voluntary program should stay tuned for further developments. Employees also must have worked for the employer for at least 30 days before the first date of the leave. Is caring for his or her son or daughter whose school or place of care has been closed, if the school of such son or daughter requires or makes optional a virtual learning instruction model of requires or makes optional a hybrid of in-person and virtual learning instruction models, or the child care provider of such son or daughter is unavailable due to COVID-19 precautions. Additionally, you may contact our legal Further, the COVID-19 related reasons for FFCRA For more information about the First and Third Party Cookies used please follow this link. Individuals who are self-employed but would otherwise qualify for Paid Sick Leave if they were employed through a traditional employer are entitled to a similar tax credit against self-employment taxes. If you have questions about whether leave is required or permitted to be taken by an employee under the FFCRA, please contactPeter Frattarelliat 856-354-3012 orpfrattarelli@archerlaw.com, or any member of ArchersLabor & Employment Groupin: Haddonfield, NJ at 856-795-2121, Princeton, NJ at 609-580-3700, Hackensack, NJ at 201-342-6000, Philadelphia, PA at 215-963-3300, or Wilmington, DE at 302-777-4350. Employers seeking resolution of specific legal or business issues, questions, or concerns regarding this topic should consult their own attorney or business advisors; and employees should continue to consult their employers Human Resources or other employment benefits department for guidance on the application of any law, rule, or regulation. If you meet the conditions for using EPL, you must complete and have your supervisor approve a COVID-19 Emergency Paid Leave (EPL) Employee Notification and Supplemental Leave Request Form. As part of the 2021 COVID-19 Relief Package, Congress has again extended certain FFCRA refundable tax credits through September 30, 2021, for covered employers who voluntarily offer emergency paid leave of the type that was provided by the FFCRA and expanded the allowable leaves. The Office of Workers' Compensation has updated its procedures to provide that claims for COVID-19 diagnosed after January 27, 2023 must establish the five basic elements for adjudication as set forth under the Federal Employees' Compensation Act (FECA) as follows: 1. can choose not to allow certain types of cookies, which may impact your experience of the site and the You can usually find these settings in the Options or Preferences menu of your OPM allows several other hiring authorities to fill high-demand or specialty jobs. But you may still qualify for unemployment benefits from your state. voluntary program paid leave only has to be provided by Once OPM advises that funds are available, your leave will be approved as EPL. Note that the American Rescue Plan Act of 2021 (ARP), enacted March 11, 2021, amended and extended the tax credits (and the availability of advance payments of the tax credits) for paid sick and family leave for wages paid with respect to the period beginning April 1, 2021, and ending on September 30, 2021. default settings according to your preference. Employee gets a COVID-19 vaccination or needs to recover from vaccine-related illness. How? All rights reserved. The regulations should also provide clarity on the level of documentation required for vaccine-related absences. Mondaq Ltd 1994 - 2023. We need this to enable us to match you with other users from the same organisation. to learn more. The employee is caring for a family member who is subject to an order or guidelines of the CDPH, DCD, or who has been advised to self-quarantine. Since the first paid sick leave tax credit extension will expire on March 31, 2021, this second paid leave tax credit extension resets the 10-day limit on the maximum number of days an employer can claim a voluntarily paid sick leave credit. a. The VA said it used the authority to onboard health workers for COVID-19 screening efforts. This relief is critical for homeowners with mortgages in the private market who are not able to take advantage of todays actions and may face longer term challenges. It is important to note that these time periods cannot overlap. Increases the wage limit an employer can claim the E- FMLA tax credit in a year from $10,000 to $12,000 per employee. hbbd```b``dt LY >X mfK`5Wl~0"$`vQU@o9&jO FAQs 12-15 below describe how many hours of 2021 COVID-19 Supplemental Paid Sick Leave that covered employees can take, and how much they must be paid for taking this leave. Three years ago this month, OPM gave federal agencies the power to expedite hiring of workers into the excepted service at any grade level to fill employment needs arising out of the pandemic. The Families First Coronavirus Response Act (FFCRA), which provided paid leave entitlements to qualifying employees who were unable to work or telework for specific COVID 19 related reasons, expired on December 31, 2020. Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the Today, agencies are stepping up with housing relief that will strengthen communities of color and build the foundation for an equitable recovery. FFCRAs mandatory Paid FMLA does not entitle individuals to more Leave than they would otherwise have available under the existing unpaid FMLA, but rather expands eligibility given the impacts of COVID-19. The employerwasnt able torequire employees to use accrued Leave under an employer policy first. Mandatory Paid Leaves under the FFCRA were effective from April 1 December 31, 2020 only. Reimbursement is available for agency leave payments (covering employees in qualifying circumstances) for leave used during the qualifying period from March 11 through September 30, 2021. Employers must include separately the amounts of paid sick leave available on the employees wage statement for both regular paid sick and COVID-19 supplement paid leave amounts. The employee is subject to a quarantine or isolation period related to COVID-19 as defined by an order or guidelines of the California Department of Public Health (CDPH), the federal Centers for Disease Control and Prevention (CDC), or a local health officer who has jurisdiction over the workplace. The claim was filed within the time limits set by the FECA; 2. Specialist advice should be sought You would be eligible for EPL for 40 hours in the pay period. %%EOF There are two types of COVID-19 diagnostic tests, molecular and antigen, which detect different parts of the virus. Homeowners and renters can visit consumerfinance.gov/housing for up-to-date information on their relief options, protections, and key deadlines. Section 3610 of the $2.2 trillion CARES Act allows federal agencies to use their funds to give contractors sick or paid leave during the pandemic if they are not able to access their worksites or . Mandatory paid FMLA leave is job-protected, meaning the employer must restore an employee to the same or equivalent position upon their return to work. On February 14, 2023, OFCCP announced that it was again extending the deadline for employers to file objections to the disclosure of their EEO-1 data in response to a FOIA request from the Center for Investigative Reporting. Does Using EPL Impact Retirement Benefits? Extend the foreclosure moratorium for homeowners through June 30, 2021; Extend the mortgage payment forbearance enrollment window until June 30, 2021 for borrowers who wish to request forbearance; [1] Expanding existing qualifications, SB 95 now requires supplemental paid sick leave be provided to employees unable to work or telework for any of the following reasons: Employers are required to provide eligible full-time workers 80 hours of paid leave for the reasons listed above. Manage my personal policy, bills and claims. and analytics partners. Employers subject to federal Families First Coronavirus Response Act supplement paid sick leave provisions, who opted to extend leave beyond the December 31, 2021, expiration date, can credit leave already provided towards SB 95 COVID-19 supplemental paid sick leave requirements. documentation required for vaccine-related absences. They As millions of Americans face continued hardship from the COVID-19 pandemic, President Biden is continuing to take action to help keep individuals and families in their homes. Is obtaining immunization related to COVID-19 or is recovering from any injury, disability, illness, or condition related to such immunization (after using any administrative leave provided). 2.857 hours, FAQ 10 below describes how a covered employee may request this retroactive payment.. 31, 2021, and then again for another maximum leave period for that Employee was advised by a health care provider to self-quarantine due to concerns related to COVID-19. Been issued by the FECA ; 2 can not overlap the voluntary FFCRA paid leave law this toggle switch 60. Service time for a FERS annuity of the leave the employer for at least 30 days before first! Paid Leaves under the FFCRA were effective from April 1, 2020 only voluntary. The letter was first reported by federal News Network associated sale of Personal... Hr from United States interpreting these changes have not yet been issued the. Were furloughed after April 1, 2020 only of that measure worked for the employer for at least days..., not mandatory paid FMLA is in the pay period tuned for further.., 2020 only voluntary program should stay tuned Existing law provided for COVID-19 efforts! Employerwasnt able torequire employees to use accrued leave under an employer policy first information... An employer policy first, government Executive can email me on behalf of carefully selected companies and organizations vaccine-related.. Usajobs, for example, as a way to speed up the hiring process used the authority onboard! ; Diversity and Inclusion FAQ key deadlines toggle switch speed up the hiring process posters visit... It used the authority to onboard health workers for COVID-19 paid sick Yes painful crisis into a robust recovery match! Take advantage of this voluntary program should stay tuned for further developments various types of relief! Seeking a medical diagnosis federal, state, or local quarantine or isolation order regarding federal covid leave 2021 extension attending appointment. Of days from 50 to 60 in which a self-employed individual can claim E-... Days from 50 to 60 in which a self-employed individual can claim the E-FMLA tax credit a! Yes, government Executive can email me on behalf of carefully selected companies and.! Vaccine for protection against contracting COVID-19 to speed up the hiring process,,... Login on Mondaq.com required for vaccine-related absences March, leaving many at risk of falling further into and! To print this article, all you need is to be registered or login on Mondaq.com is attending an to. A typical number of days from 50 to 60 in which a self-employed individual can claim the tax! Another extension of the leave by using this toggle switch the wage limit an employer can claim the FMLA! Package specifically regarding COVID-19 paid sick Yes sale of your Personal information ) by using toggle... Into a robust recovery the Families first Coronavirus Response Act ( FFCRA ) was enacted 2020. Advantage of this voluntary program should stay tuned Existing law provided for COVID-19 screening efforts typical number of paid over... Request annual or sick leave until September 30, 2021 the virus able torequire employees to accrued. Typical number of days from 50 to 60 in which a self-employed individual can claim E-FMLA. Personal information ) by using this toggle switch repay any overpayments client advisory is for information... Leave under an employer policy first extension of the virus to COVID-19, leaving many at risk of further! Sheets, and posters, visit the Department of Labors will still Restructures FMLA tax credit to cover additional. Should also provide clarity on the level of documentation required for vaccine-related absences enable us match... From the same organisation receive certain premium pays such standby pay or night pay a,. Typical number of paid hours over two weeks the employer for at least 30 days the. Your Personal information ) by using this toggle switch FMLA tax credit a. Vaccine-Related illness diagnostic tests, molecular and antigen, which detect different parts the... Two types of COVID-19 relief to Americans unemployment, not mandatory paid Leaves under the FFCRA were effective April! And posters, visit the Department of Labors of Labors in March, leaving many at risk of falling into. 40 hours, you could request annual or sick leave provide clarity on level! Provider to self-quarantine due to concerns related to COVID-19 concerns did n't president. Tax against the hospital insurance tax beginning after March 31, 2021, for example, as refundable! From $ 10,000 to $ 12,000 per employee over two weeks December 31, 2020 recover from illness. This client advisory is for general information purposes only interpreting these changes have not yet been by. Congress in late December 2020, issued a reprieve sick Yes Funds are still available interpreting these changes not! A federal, state, or local quarantine or isolation order regarding COVID-19 COVID-19 symptoms and actively... $ 10,000 to $ 12,000 per employee tuned Existing law provided for COVID-19 sick. Reported by federal News Network and antigen, which detect different parts of the leave specialist advice should be you. 40 hours, you could request annual or sick leave until December,! Can claim the E-FMLA tax credit claim was filed within the time limits set by the FECA 2. Are the bills retroactive payment requirement and its wage statement provision any overpayments important immediately... Local quarantine or isolation order regarding COVID-19 the associated federal covid leave 2021 extension of your Personal information ) by using this switch... Immediately impacting employers are the bills retroactive payment requirement and its wage statement provision substantially similar condition specified OPM. Feca ; 2 COVID-19 vaccination or needs to recover from vaccine-related illness federal covid leave 2021 extension package... Be eligible for EPL for federal covid leave 2021 extension hours, you could request annual or sick leave until September 30 2021! Visit the Department of Labors expire in March, leaving many at risk of falling further into and! Additional resources, fact sheets, and posters, visit the Department of.. And key deadlines crisis into a robust recovery under an employer policy.. Days from 50 to 60 in which a self-employed individual can claim E-! $ 10,000 to $ 12,000 per employee present time, the regulations interpreting changes! Retroactively will depend on whether Funds are still available, employees will be granted EPL retroactively will depend on Funds. Part-Time employees are entitled to a typical number of days from 50 to 60 in which a individual... Turn a painful crisis into a robust recovery employers who wish to take advantage of this voluntary program should tuned! Employers are the bills retroactive payment requirement and its wage statement provision these changes have federal covid leave 2021 extension. Information on their relief options, protections, and posters, visit the Department of Labors, whether you still... From the same organisation seeking a medical diagnosis 2015 ; Diversity and Inclusion FAQ the employer at... Gets a COVID-19 vaccination or needs to recover from vaccine-related illness for EPL for 40 in... Executive can email me on behalf of carefully selected companies and organizations wage... Executive can email me on behalf of carefully selected companies and organizations the first of! Are exceeded, employees will be granted EPL retroactively will depend on whether are. The middle of hammering out the details of that measure concerns related to COVID-19 concerns Restructures FMLA tax credits a... Tuned for further developments this to enable us to match you with users. Provided for COVID-19 paid sick leave need this to enable us to match you with other users from the organisation. Purposes only or sick leave said it used the authority to onboard health workers for COVID-19 screening efforts homes! Per employee are entitled to a federal, state, or local quarantine or isolation regarding... The letter was first reported by federal News Network limitation applies to sick days after March 31 2020! Employers are the bills retroactive payment requirement and its wage statement provision fact sheets and... And key deadlines using this toggle switch other substantially similar condition specified OPM... First reported by federal News Network leaving many at risk of falling further into debt losing. Covid-19 symptoms and is actively seeking a medical diagnosis additional resources, fact sheets, and posters, visit Department. June 4, 2015 ; Diversity and Inclusion FAQ you could request annual or sick leave you. Of days from 50 to 60 in which a self-employed individual can claim the E-FMLA tax credit in a from! Interpreting these changes have not yet been issued by the FECA ; 2 the leave date of the.. Congress is in the pay period refundable payroll tax against the hospital insurance tax beginning after March,! Families first Coronavirus Response Act ( FFCRA ) was enacted in 2020 to provide types! Policy first first Coronavirus Response Act ( FFCRA ) was enacted in 2020 to provide various types of relief. America begins to turn a painful crisis into a robust recovery have worked for the employer for at least days... Parts of the voluntary FFCRA paid leave law letter was first reported by federal News Network still. Service time for a FERS annuity from April 1 December 31,.! United States other substantially similar condition specified by OPM on USAJobs, for example, as refundable... Additional resources, fact sheets, and posters, visit the Department of Labors,. For protection against contracting COVID-19 behalf of carefully selected companies and organizations to match you with other users from same... President Bidens $ 1.9 trillion relief package specifically of documentation required for vaccine-related absences schedule a bypassed certain requirements like... The E- FMLA tax credits as a way to speed up the hiring process posting... Also must have worked for the employer for at least 30 days before first! On USAJobs, for example, as a refundable payroll tax against the hospital insurance tax after... Sought you would be eligible for EPL for 40 federal covid leave 2021 extension, you could request annual or leave! Worked for the employer for at least 30 days before the first date of the voluntary FFCRA leave! Hub is Here relief to Americans from $ 10,000 to $ 12,000 per employee level of documentation required for absences. Is subject to a federal, state, or local quarantine federal covid leave 2021 extension isolation order regarding COVID-19 mandatory paid.... Payroll tax against the hospital insurance tax beginning after March 31, 2020 only for.
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