Childcare, PTO, and other practical issues triggered by return to work

As America prepares to return to work, employers are facing new HR issues like never before. Some situations require new solutions, but it’s important to remember the basics still apply and often provide the best answer.

Childcare conundrum

In many states, governors’ initial orders in mid-March 2020 included mandatory shutdowns of all public schools. Two months later, almost all schools nationwide remained closed, and 40 states had announced plans to stay shut for the remainder of the academic year (which usually ends in May or June). Traditional leave laws such as the Family and Medical Leave Act (FMLA) and state laws such as the California Family Rights Act provide leave for a birth or adoption or when a child has a serious health condition. But none of the laws anticipates a widespread school closure.

In March, Congress enacted the Families First Coronavirus Response Act (FFCRA). Basically, employers with fewer than 500 employees must provide two weeks of paid sick leave and, if school closures require employees to provide care to their children, up to 10 additional weeks of partially paid sick leave (up to $200 per day). Employers with fewer than 50 employees might be exempt if providing the leave would jeopardize their ability to go on.