FTE decrease Exemptions: Any reduction because of the following will perhaps not lessen the debtor’s loan forgiveness: 1) a borrower that laid off a member of staff provided to rehire the employee that is same exactly the same salary/wages and exact exact same amount of hours, however the worker declined the offer (the debtor should have made the offer in good faith as well as in writing and also the worker’s rejection of the offer must certanly be documented by the debtor additionally the debtor must notify the relevant state jobless office of these worker’s refused offer of work within thirty days of these worker’s rejection associated with the offer), 2) a worker ended up being fired for cause or voluntarily resigned through the Covered Period (or alternate Payroll Covered Period), or 3) a member of staff voluntarily requested and received a decrease in his / her hours.
Any decrease according to FTE will soon be disregarded if your debtor has the capacity to document its incapacity to go back to the same amount of company task because it ended up being running at before February 15, 2020, as a result of direct or compliance that is indirect demands founded or guidance granted by the Secretary of health insurance and Human Services, the Director associated with Centers for Disease Control and Prevention, or even the Occupational Safety and Health management through the duration beginning on March 1, 2020 and ending December 31, 2020, linked to the upkeep of criteria for sanitation, social distancing, or other worker or consumer security requirement linked to COVID-19. The SBA continues on to mention as follows: “specifically, borrowers that may approve they’ve documented in good faith that their lowering of company task throughout the covered duration stems straight or indirectly from conformity with such COVID demands or Guidance are exempt from any decrease in their forgiveness quantity stemming from a decrease in FTE workers through the covered period (emphasis added). We observe that this declaration will not suggest that the FTE decrease in this situation has got to be restored ahead of December 31, 2020 and guidance that is further be forthcoming about this point. “
Salary/Hourly Wage decrease secure Harbor: a debtor that restores the typical annual wage or hourly wage for workers who have been formerly let go or had their payment paid off are going to be exempt through the decrease in loan forgiveness through the Covered Period (or alternate Payroll Covered duration) provided that 1) such employee settlement reduction happened between February 15, 2020 and April 26, 2020, and 2) the debtor restored each employee’s average yearly salary or hourly wage by no later than December 31, 2020 into the quantity of such employee’s average yearly salary or hourly wage because it existed at the time of February 15, 2020.
Amounts perhaps maybe Not Forgiven: re re re Payments for such a thing except that Permitted Expenditures throughout the Covered Period or relating to payroll during the Payroll Covered that is alternative Period. These payments that are excluded:
The total amount of cash compensation in excess of an annual salary of $100,000, as prorated for the Covered Period (or Alternate Payroll Covered Period) for each individual employee.