Last week, the U.S. Department of Labor (DOL) published answers to three new Frequently Asked Questions (#98-100) addressing the availability of leave under the Families First Coronavirus Response Act (FFCRA) when an employee’s child is attending school remotely or on a hybrid schedule.
Employees who are caring for children who attend schools operating remotely or on a hybrid schedule are permitted to take paid FFCRA leave on days when the child is not permitted to attend school in person. The employee must need the leave to actually care for their child during that time and there must be no other suitable person available to do so. Employees in this situation may take paid leave under the FFCRA on each of their child’s remote learning days.
Employees who are given the choice between in-person and remote learning and choose to have their child participate remotely are not eligible to take paid leave under the FFCRA because the school is not “closed” for COVID-19 related reasons.
Employees with children attending schools beginning the school year remotely with plans to reassess later are eligible to take paid leave under the FFCRA so long as their child’s school remains closed.
Meredith S. Campbell Chair, Employment and Labor Group
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