Federal Paid Leave Eliminated for Employees who Choose Remote Learning

The Department of Labor issued new guidance in it’s FAQs for employers and employee’s dealing with hybrid learning (both in person and online).  The Families First Coronavirus Response Act requires that employers with less than 500 employees provide up to 12 weeks of paid leave for employees to care for a child whose school or daycare has been closed as a result of COVID-19. 

As school districts across the country take varying approaches to learning, this brings questions of whether employees are eligible for the paid FFCRA leave for childcare.  Following the recent DOL guidance, employees who elect for their child to attend virtual school instead of in person (when given the option for in person) are not eligible for paid FFCRA leave.  Conversely, if your employee has a child in a school district that has opted for a hybrid model with children attending some, but not all days of the week, they are still eligible for paid intermittent FFCRA leave.

When it comes to assessing employer pay obligations as they relate to COVID-19 and paying employees no two scenarios are the same.  As you face the day to day questions of balancing business concerns, the law, and health and safety, the firm is here to assist in any way we can: tcremer@barbascremer.com.