Page 85

131 STAT. 2137 PUBLIC LAW 115–97—DEC. 22, 2017 ‘‘(e) FAMILY AND MEDICAL LEAVE.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), for purposes of this section, the term ‘family and medical leave’ means leave for any 1 or more of the purposes described under subparagraph (A), (B), (C), (D), or (E) of paragraph (1), or paragraph (3), of section 102(a) of the Family and Medical Leave Act of 1993, as amended, whether the leave is provided under that Act or by a policy of the employer. ‘‘(2) EXCLUSION.—If an employer provides paid leave as vacation leave, personal leave, or medical or sick leave (other than leave specifically for 1 or more of the purposes referred to in paragraph (1)), that paid leave shall not be considered to be family and medical leave under paragraph (1). ‘‘(3) DEFINITIONS.—In this subsection, the terms ‘vacation leave’, ‘personal leave’, and ‘medical or sick leave’ mean those 3 types of leave, within the meaning of section 102(d)(2) of that Act. ‘‘(f) DETERMINATIONS MADE BY SECRETARY OF TREASURY.—For purposes of this section, any determination as to whether an employer or an employee satisfies the applicable requirements for an eligible employer (as described in subsection (c)) or qualifying employee (as described in subsection (d)), respectively, shall be made by the Secretary based on such information, to be provided by the employer, as the Secretary determines to be necessary or appropriate. ‘‘(g) WAGES.—For purposes of this section, the term ‘wages’ has the meaning given such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section). Such term shall not include any amount taken into account for purposes of determining any other credit allowed under this subpart. ‘‘(h) ELECTION TO HAVE CREDIT NOT APPLY.— ‘‘(1) IN GENERAL.—A taxpayer may elect to have this section not apply for any taxable year. ‘‘(2) OTHER RULES.—Rules similar to the rules of para- graphs (2) and (3) of section 51(j) shall apply for purposes of this subsection. ‘‘(i) TERMINATION.—This section shall not apply to wages paid in taxable years beginning after December 31, 2019.’’. (b) CREDIT PART OF GENERAL BUSINESS CREDIT.—Section 38(b) is amended by striking ‘‘plus’’ at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ‘‘, plus’’, and by adding at the end the following new paragraph: ‘‘(37) in the case of an eligible employer (as defined in section 45S(c)), the paid family and medical leave credit deter- mined under section 45S(a).’’. (c) CREDIT ALLOWED AGAINST AMT.—Subparagraph (B) of sec- tion 38(c)(4) is amended by redesignating clauses (ix) through (xi) as clauses (x) through (xii), respectively, and by inserting after clause (viii) the following new clause: ‘‘(ix) the credit determined under section 45S,’’. (d) CONFORMING AMENDMENTS.— (1) DENIAL OF DOUBLE BENEFIT.—Section 280C(a) is amended by inserting ‘‘45S(a),’’ after ‘‘45P(a),’’. (2) ELECTION TO HAVE CREDIT NOT APPLY.—Section 6501(m) is amended by inserting ‘‘45S(h),’’ after ‘‘45H(g),’’. 26 USC 38. VerDate Sep 11 2014 10:09 Oct 18, 2018 Jkt 079139 PO 00097 Frm 00085 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL097.115 PUBL097 dkrause on DSKBC28HB2PROD with PUBLAWS