If you were one of the millions of workers laid off in the coronavirus pandemic and you stashed money in a workplace dependent care flexible spending account (FSA) for 2020, you might not have to lose the money you contributed but didn’t spend down yet for child care expenses.
“We’re hearing a lot of employee outcry,” says Judith Wethall, an employee benefits lawyer with McDermott Will & Emery in Chicago.
But here’s a secret: A pre-Covid 19 law might mean you don’t have to forfeit the money you stashed away in your dependent care FSA at work if you’ve been laid off. It’s called the “termination spend down provision.” Here’s how to ask your employer about it.
First, a refresher on the basic rules. If your employer offers a dependent care FSA, once a