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ABA: The American Bankers Association
Compliance News

DOL Clarifies FFCRA's Application During School Reopening

As schools reopen for the fall, the Department of Labor issued three new frequently asked questions that address application of the Families First Coronavirus Response Act in circumstances where the employee’s ability to work is affected by how and whether a child’s school reopens. The FFCRA provides paid family, medical and sick leave to employees (of companies with fewer than 500 employees) who cannot work because of the coronavirus or who are caring for a child whose school or daycare is closed.

The recently issued FAQs clarify that an employee whose child's school is providing a choice between in-person or remote learning for the fall is not eligible to take paid leave under the FFCRA because the child’s school is not “closed” due to COVID-19-related reasons. The FAQs also state that an employee is eligible to take paid FFCRA leave if the employee’s child’s school is operating in a hybrid arrangement where the child attends in-person instruction some days and remote learning other days, as long as the employee needs the leave to care for the child during the remote learning time and no other suitable person is available to do so.