DOL publishes new FFCRA guidance on school reopening

On August 27, the U.S. Department of Labor (DOL) published updated guidance in the form of three new "return to school" frequently asked questions (FAQs) on its website concerning paid leave under the Families First Coronavirus Response Act (FFCRA). This is valuable guidance given the number of employees with children returning to school in person or remotely and the impact on the workforce if parents need to stay home to oversee a child’s education.

Background

Under the FFCRA, covered employees can take up to 80 hours of Emergency Paid Sick Leave Act (EPSLA) leave or use up to 10 of 12 weeks of paid Expanded Family Medical Leave Act (EFMLA) leave if they're unable to work, including unable to telework, because of the need to care for a child whose school or place of care is closed or childcare provider is unavailable because of COVID-19.

New FFCRA guidance on school closures

The DOL guidance provides that eligibility for ESPLA and EFMLA leave turns on whether the child’s school is open for on-site attendance (in which case there’s no FFCRA eligibility) or closed to on-site attendance—even if only on certain days—and the education is done remotely (which triggers FFCRA eligibility).

Mandated remote learning. The DOL’s FAQs provide that the employee is eligible to take paid leave under the FFCRA while the child’s school remains closed. If the school reopens, the availability of paid leave under the Act will depend on the particulars of the school’s operations.