On August 27, 2020, the Department of Labor updated its Families First Coronavirus Response Act: Questions and Answers to address eligibility for FFCRA benefits in light of the complexity school program offerings.
The FAQ now has three additional questions (98 – 100) addressing hybrid and remote schooling. The questions are summarized below.
Alternate Day Basis: An employee who has a child in a school that operates on alternate days (or other hybrid-attendance) would be eligible for FFCRA on days where their child is not permitted to attend school in person. (Question 98).
Parent Choice: An employee who has a choice of having a child attend school in person or participate in remote learning and chooses to have the child engage in remote learning is NOT eligible for FFCRA. Please note that the employee may be eligible for FFCRA for other reasons, such as if their child is under quarantine or isolation. (Question 99).
Remote Start: An employee who has a child in a school that begins the semester remotely but plans to later reopen, may be eligible for FFCRA while the physical school location remains closed. (Question 100).
In all situations, the employee is eligible for FFCRA only if there is no suitable person available to care for his or her child during the period of such leave.
Contact Payne & Fears LLP if you need assistance with understanding or implementing the new guidance or if you have any other questions regarding FFCRA or other supplemental paid sick leave orders.