August 31, 2020

Return to School FFCRA


The U.S. Department of Labor (DOL) has published new frequently asked questions (FAQs) about whether employees qualify for paid leave under the Families First Coronavirus Response Act (FFCRA) in different school reopening situations, including those that blend in-person with distance learning.

A new “Return to School” section was added to the DOL’s existing FFCRA FAQs on Aug. 27. The new section’s three FAQs address employee eligibility for expanded family and medical leave and paid sick leave when:

  • A child attends a school operating on an alternate-day basis;
  • A parent chooses remote learning when in-person instruction is available; and
  • A school begins the school year with remote learning but may shift to in-person instruction if conditions change

In general, according to the FAQs, parents qualify for FFCRA leave only on days when in-person learning is not offered as an option by the school.

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