New FAQs Regarding FFCRA Leave and Return to School

1.5 minute read

The Department of Labor (DOL) published new frequently asked questions (FAQs) regarding employee paid leave in different school reopening situations.

A “Return to School” section was added to the DOL’s existing Families First Coronavirus Response Act (FFCRA) FAQs. The new FAQs address the employee’s eligibility for paid sick leave and expanded medical and family leave if:

• A child attends school on an alternate day basis;
• A school year begins with remote learning but may shift to in-person instruction if conditions change;
• A parent chooses remote learning when in-person instruction is available.

According to the FAQs, parents only qualify for FFCRA leave on the days when in-person learning is not offered as an option by the school.

For specified reasons associated with COVID-19, the FFCRA allows employees to take up to 2 weeks of paid leave and up to 12 weeks of expanded family and medical leave (10 weeks are paid). Eligible employees can take both types of leave to care of their child(ren) if their school or place of care is closed or unavailable due to COVID-19-related reasons.

Employers should review the FAQs to ensure their employee leave policy complies with the FFCRA.

Download the bulletin to read the DOL’s new FFCRA FAQs.

This blog is intended to be a compilation of information and resources pulled from federal, state, and local agencies. This is not intended to be legal advice. For up to the minute information and guidance on COVID-19, please follow the guidelines of the Centers for Disease Control and Prevention (CDC) and your local health organizations.