On August 27, 2020, the U.S. Division of Labor (DOL) printed three new “Return to Faculty” FAQs offering steering for employers and workers as colleges reopen throughout the nation. Particularly, the DOL clarified when workers could also be eligible for go away below the federal Households First Coronavirus Response Act (FFCRA).

As a reminder, below the FFCRA, job-protected go away should be supplied to some workers so as to care for a kid whose faculty or place of care is closed, or childcare supplier is unavailable, because of the coronavirus. The most recent FAQs tackle points employers and workers are going through as colleges reopen each nearly, in addition to on a “hybrid” mannequin. The DOL additional gives steering on conditions the place colleges have reopened, however the dad or mum chooses a digital mannequin for his or her baby’s studying.

State of affairs 1: Faculty Stays Absolutely Distant

Many colleges throughout the nation (and most in California) are at present solely providing distant studying. In FAQ 100, the DOL confirmed that oldsters are permitted to take paid go away below the FFCRA for so long as the college stays closed to in-person studying.

State of affairs 2: Faculty Reopens on a Hybrid Mannequin

Below a hybrid mannequin, a college is often open, however college students alternate between in-person and distant studying. Below FAQ 98, the DOL clarifies that oldsters are eligible to take paid go away below the FFCRA on days the place the kid shouldn’t be permitted to attend faculty in individual, and should as an alternative have interaction in distant studying. FFCRA go away shouldn’t be obtainable, nonetheless, at occasions when the kid is ready to attend faculty in-person.

State of affairs 3: Faculty Reopens, however Mum or dad Chooses Distant Possibility

Most faculties providing in-person studying are additionally offering a digital choice for fogeys who’re involved about their baby returning to highschool. The DOL clarifies in FAQ 99 that FFCRA go away shouldn’t be obtainable to care for a toddler whose faculty is open for in-person attendance. It’s price noting, nonetheless, that if the kid is below a quarantine order or has been suggested by a well being care supplier to self-isolate or self-quarantine, paid go away would possibly in any other case be obtainable.

The total FAQ’s might be discovered right here (https://www.dol.gov/agencies/whd/pandemic/ffcra-questions). You probably have questions as as to whether FFCRA applies to you and your workers, and whether or not paid go away could be obtainable, please contact your Weintraub Tobin labor and employment lawyer for assist.