What happens to PPP loan forgiveness when EEs decide not to come back to work?

The Paycheck Protection Program created by the CARES Act includes a provision that loans will be fully forgiven when used for payroll costs, interest on mortgages, rent, and utilities, provided the business maintains their payroll at a level equal to what it was before the Coronavirus impacted the business.

But what happens if laid off employees refuse to come back to work? The Small Business Administration (SBA) addresses this question in an updated FAQ released on May 19, 2020. In short, loan forgiveness will not be impacted if the business laid off an employee, and then makes an offer of re-employment to the employee which the employee then refuses, as long as the layoff, offer of re-employment and refusal are all documented.

The full question and answer (#40) can be found in the SBA Paycheck Protection Program Loans, Frequently Asked Questions (FAQs).

Helpful Resources

Small Business Administration:

Paycheck Protection Program Loans, Frequently Asked Questions (FAQs). Updated May 19, 2020.

Paycheck Protection Program Loan Information

Claremont Insurance Services and its affiliates do not provide tax, legal or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal or accounting advice. You should consult your own tax, legal and accounting advisors before engaging in any transaction.