Back to school brings a new wave of COVID-19 policies and questions

With many families facing uncertainty involving their children’s schools, questions about the applicability of the Emergency Family and Medical Leave Expansion Act (EFMLEA) provided under the Families First Coronavirus Response Act (FFCRA) continue to come up. The EFMLEA applies only when you are on leave to care for your child whose school or place of care is closed, or whose childcare provider is unavailable, because of COVID-19-related reasons.

Allowed leave

Employees are entitled to 12 weeks of EFMLEA leave under the FFCRA (except if employed by an exempt employer). Of those 12 weeks, 10 weeks are paid at two-thirds of their base rate up to a maximum total of $10,000. If they haven’t exhausted the emergency paid sick leave (EPSL) benefit, then the first two weeks are also paid up to a maximum of $2,000.

Employees are permitted to take leave intermittently in minimum increments based on the employer’s standard policies. You also may allow them to use any other benefit, such as paid time off (PTO), to supplement the minimum pay.

Allowing telework or flex time

If your employees can perform their work remotely, permitting telework may allow them to continue working while caring for a child at home. You may also consider allowing flex time so they can care for their child during the day and perform work for the company early in the morning, during nap time, later in the evening, or whenever fits their family schedule.

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