I filed my 2021 taxes with my W-2 but I just recieved a W-2 and earning summary in the mail. I had taken FMLA that year. Do i have to refile?

[adominiq]

I had taken FMLA that year and used my sick pay to fill my paychecks. My employer paid only a portion of my checks while i used sick time to cover the rest. I didnt include this new w2 in my taxes

[MaryK4 · Accepted solution]

It depends- if it was third party sick pay, it depends on whether you paid for the cost of the policy or your employer paid for the policy.

If you paid for the policy: Your third-party sick pay isn't taxable.

• You might still receive a W-2, but you don't need to report the W-2 as long as all of the following apply:
  • Box 1 – Wages is $0 or blank.
  • Box 12 has Code J.
  • Box 13 – Nontaxable sick pay is checked.

If you receive a W-2 like the above, don't include it in your return. If you try to e-file and include this W-2, the IRS will reject your return.

If your employer paid for the policy: Your third-party sick pay is taxable. You'll receive a W-2 with taxable wages in box 1 and include this W-2 in your return.

Is third-party sick pay taxable?