Last week, the DOL released some new FFCRA FAQ about
employees’ entitlement to paid leave because their child’s school is
closed. Essentially, when the school has adopted a hybrid model and the
child is only permitted to attend school a few days/week, then the employee is
entitled to paid FFCRA leave on the days when the child must be kept
home. On the other hand, when the parent had the option to send the child
to school, but chose to keep the child home to learn remotely out of fear of
COVID, the employee is NOT entitled to paid FFCRA leave because it was not the
school’s decision; it was the parent’s.
·
My child’s school
is operating on an alternate day (or other hybrid-attendance) basis. The school
is open each day, but students alternate between days attending school in
person and days participating in remote learning. They are permitted to attend
school only on their allotted in-person attendance days. May I take paid leave
under the FFCRA in these circumstances? (added 08/27/2020)
Yes, you are eligible to take paid leave under the FFCRA on days when
your child is not permitted to attend school in person and must instead engage
in remote learning, as long as you need the leave to actually care for your
child during that time and only if no other suitable person is available to do
so. For purposes of the FFCRA and its implementing regulations, the school is
effectively “closed” to your child on days that he or she cannot attend in
person. You may take paid leave under the FFCRA on each of your child’s
remote-learning days.
·
My
child’s school is giving me a choice between having my child attend in person
or participate in a remote learning program for the fall. I signed up for the
remote learning alternative because, for example, I worry that my child might
contract COVID-19 and bring it home to the family. Since my child will be at
home, may I take paid leave under the FFCRA in these circumstances? (added
08/27/2020)
No, you are not eligible to take paid leave under the FFCRA because your
child’s school is not “closed” due to COVID–19 related reasons; it is open for
your child to attend. FFCRA leave is not available to take care of a child
whose school is open for in-person attendance. If your child is home not
because his or her school is closed, but because you have chosen for the child
to remain home, you are not entitled to FFCRA paid leave. However, if, because
of COVID-19, your child is under a quarantine order or has been advised by a
health care provider to self-isolate or self-quarantine, you may be eligible to
take paid leave to care for him or her. See FAQ 63.
Also, as explained more fully
in FAQ 98, if your child’s school is operating on
an alternate day (or other hybrid-attendance) basis, you may be eligible to
take paid leave under the FFCRA on each of your child’s remote-learning days
because the school is effectively “closed” to your child on those days.
·
My
child’s school is beginning the school year under a remote learning program out
of concern for COVID-19, but has announced it will continue to evaluate local
circumstances and make a decision about reopening for in-person attendance
later in the school year. May I take paid leave under the FFCRA in these
circumstances? (added 08/27/2020)
Yes, you are eligible to take paid leave under the FFCRA while your
child’s school remains closed. If your child's school reopens, the availability
of paid leave under the FFCRA will depend on the particulars of the school’s
operations. See FAQ 98 and 99.
NOTICE: This summary is designed merely to inform and alert
you of recent legal developments. It does not constitute legal advice and does
not apply to any particular situation because different facts could lead to
different results. Information here can change or be amended without notice.
Readers should not act upon this information without legal advice. If you have
any questions about anything you have read, you should consult with or retain
an employment attorney.
