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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

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.&nbsp;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.&nbsp;The three new questions and answers deal with virtual attendance, part-time attendance and optional in-person or virtual attendance.

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Question 98: My child’s school is operating on an alternate day (or other hybrid-attendance) basis. The school is open each day, but students alternate between days attending school in person and days participating in remote learning. They are permitted to attend school only on their allotted in-person attendance days. May I take paid leave under the FFCRA in these circumstances?

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Question 99: My child’s school is giving me a choice between having my child attend in person or participate in a remote learning program for the fall. I signed up for the remote learning alternative because, for example, I worry that my child might contract COVID-19 and bring it home to the family. Since my child will be at home, may I take paid leave under the FFCRA in these circumstances?

Also, as explained more fully in&nbsp;<a href="https://www.dol.gov/agencies/whd/pandemic/ffcra-questions#98" target="_blank" rel="noreferrer noopener">FAQ 98</a>, 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.

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Question 100: My child’s school is beginning the school year under a remote learning program out of concern for COVID-19, but has announced it will continue to evaluate local circumstances and make a decision about reopening for in-person attendance later in the school year. May I take paid leave under the FFCRA in these circumstances?

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&nbsp;<a href="https://www.dol.gov/agencies/whd/pandemic/ffcra-questions" target="_blank" rel="noreferrer noopener">here</a>. As always, if you have any questions, please reach out to your Warner Labor and Employment Practice Group attorney.

Labor and Employment

Back to School (Virtually or Not) and the FFCRA

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