DOL FAQ
The U . S . Department of Labor ( DOL ) has published new frequently asked questions ( FAQs ) about whether employees qualify for paid leave under the Families First Coronavirus Response Act ( FFCRA ) in different school reopening situations , including those that blend in-person with distance learning .
A new “ Return to School ” section was added to the DOL ’ s existing FFCRA FAQs on Aug . 27 , 2020 . The new section ’ s three FAQs address employee eligibility for expanded family and medical leave and paid sick leave when :
• A child attends a school operating on an alternate-day basis ;
• A parent chooses remote learning when in-person instruction is available ; and
• A school begins the year with remote learning but may shift to in-person instruction if conditions change .
In general , according to the FAQs , parents qualify for FFCRA leave only on days when in-person learning is not offered as an option by the school .
THE FFCRA ALLOWS CERTAIN EMPLOYEES TO TAKE UP TO TWO WEEKS OF PAID SICK LEAVE AND UP TO 12 WEEKS OF EXPANDED FAMILY AND MEDICAL LEAVE , 10 OF WHICH ARE PAID , FOR SPECIFIED REASONS RELATED TO COVID-19 .
An eligible employee can take both types of paid leave because of a need to care for the employee ’ s son or daughter whose school or place of care is closed , or whose child care provider is unavailable , due to COVID-19-related reasons .
ACTION STEPS Employers should review the new FAQs to ensure their employee leave policies comply with the FFCRA .
HIGHLIGHTS
Leave Allowed on Child ’ s Alternate Athome Days
In a hybrid learning situation , a parent may take FFCRA leave on days when the child is not permitted to attend school in person and must engage in remote learning .
No Leave Where Parents Choose Remote Learning
FFCRA leave is not permitted for parents who choose remote learning when inperson school attendance is an option . FFCRA leave may be allowed if the child has been advised to quarantine or isolate .
IMPORTANT DATES April 1 , 2020
Effective date of FFCRA leave provisions . Aug . 27 , 2020
DOL added new FAQs about FFCRA leave availability in various back-to-school situations .
NEW DOL FAQS ADDRESSING FFCRA LEAVE AND RETURN TO SCHOOL
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 ?
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 remotelearning 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 ?
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 at https :// www . dol . gov / agencies / whd / pandemic / ffcra-questions # 63 .
Also , as explained more fully in FAQ 98 above , if your child ’ s school is operating on an alternate day ( or other hybridattendance ) 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 ?
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 above . +
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