Summer camp closures may qualify for childcare leave under FFCRA

The U.S. Department of Labor (DOL) recently issued guidance on whether the pandemic-related closures of summer camps and other enrichment programs for children would allow an eligible employee to take leave under the Families First Coronavirus Response Act (FFCRA).

‘Place of care’ includes summer programs

In general, the FFCRA allows eligible employees to take paid leave if they are unable to work or telework because of a need to care for their child whose place of care is closed for COVID-19-related reasons. A “place of care” includes summer camps and summer enrichment programs.

Employees who request FFCRA childcare leave must provide certain information including, for a summer camp closure, the name of the camp or program that would have been the child’s place of care if it hadn’t shut down.

What if children hadn’t enrolled or even applied yet?

Employees may be entitled to the leave even if their children weren't enrolled in or hadn’t even applied for the summer camp. Why? Because many camps and programs were shuttered in response to COVID-19 before any children began to attend or enroll.

In determining whether employers are in violation of the FFCRA, federal investigators will assess whether (1) there was evidence of a “plan” for the child to attend a summer camp or program, or (2) short of a plan, it’s “still more likely than not” the child would have attended the camp or program had it not closed because of COVID-19. An employee-parent’s mere “interest” in a camp or program would not be enough.