The Department of Labor (DOL) recently provided guidance regarding what constitutes a school closure for purposes of the Family First Coronavirus Response Act (FFCRA). Under FFCRA, employees are eligible to take Emergency Paid Sick Leave for up to two weeks and Extended FMLA for up to twelve weeks to care for a child whose school is closed due to COVID-19 related reasons.

Specifically, the DOL issued guidance on the meaning of “closed” under FFCRA given schools across the country will be providing in-person or at-home remote instruction, or alternatively, some hybrid model of the two.

• In-Person Instruction:  If the school is providing in-person instruction, the school is considered open every day the employee’s child is able to attend in-person instruction.
  
• At-Home Remote Instruction:  If the school is only providing at-home remote instruction, the school is considered closed and the employee is eligible for FFCRA leave on any days their child would otherwise be attending school in-person.
  
• Hybrid Instruction:  If the school is providing a mixture of in-person and at-home remote instruction, the employee is eligible for FFCRA leave on any days their child is receiving at-home remote instruction, even though the school is technically open and other children may be receiving in-person instruction on those days.
  
• Parent’s Choice:  If the school is providing in-person instruction, but gives parents a choice to receive at-home remote instruction instead, employees who choose at-home remote instruction are not eligible for FFCRA leave because the school is open for in-person instruction, unless the employee qualifies for Emergency Paid Sick Leave for another reason (e.g., child is advised by a healthcare provider to self-quarantine due to COVID-19 reasons).

Employees are still only eligible for FFCRA leave as long as they need the leave to actually care for their child during the time the child would normally be in school and only if no other suitable person is available to care for the child.

UEA Attorneys are available to assist members with any additional questions they may have regarding FFCRA.

Contact us for more information about these new changes at EmployerHelpline@UnitedEmployers.org or 503.595.2170.