As students start going back to school, employers have had a number of questions regarding the application of the Families First Coronavirus Response Act (FFCRA) and in-person, virtual or hybrid school attendance. On August 28, 2020, the U.S. Department of Labor issued some additional answers to questions regarding virtual school and the availability of paid time off under the FFCRA. The three new questions and answers deal with virtual attendance, part-time attendance and optional in-person or virtual attendance.
Also, as explained more fully in FAQ 98, if your child’s school is operating on an alternate day (or other hybrid-attendance) basis, you may be eligible to take paid leave under the FFCRA on each of your child’s remote-learning days because the school is effectively “closed” to your child on those days.
These FAQ’s provide guidance on some issues many of you are facing and answer questions many of you have been asking or thinking about as schools start back up. If you want to see all of the DOL’s FAQs, you can find them here. As always, if you have any questions, please reach out to your Warner Labor and Employment Practice Group attorney.