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Employers weigh how to manage working parents absent because of COVID-19

September 2021 employment law letter
Authors: 
Courtney Bru, McAfee & Taft

Incredibly, COVID-19 has now affected a third school year. Working parents were previously able to rely on the federal Families First Coronavirus Response Act (FFCRA) to take leave in the event of school closures and/or remote learning because of COVID-19-related circumstances. As of now, no such leave entitlement exists for the 2021-2022 school year. Employers must be prepared to address the ongoing challenges faced by working parents.

Other paid or unpaid leave options

Unfortunately, the last several weeks suggest schools may invoke closures or remote learning yet again to combat the most recent COVID-19 surge, particularly as the delta variant appears to affect children more readily. Plus, kids under the age of 12 remain without vaccination options.

Some states have enacted legislation to provide leave in the event of pandemic-related issues affecting working parents, but no such laws exist in Oklahoma. Employees in the state, however, may be entitled to a variety of paid or unpaid leave options and/or accommodations to address potential school closures or the challenges posed when a child contracts COVID-19 or is exposed to the virus:

Family and Medical Leave Act (FMLA). Unpaid FMLA leave may be available to eligible employees who show they are needed to care for a family member with a “serious health condition.” Depending on its severity, COVID-19 may constitute a “serious health condition.”

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