More Q&A On The FFCRA

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Constangy, Brooks, Smith & Prophete, LLP

Three new FAQs, all related to school closings.

The U.S. Department of Labor has issued three new FAQs on the Families First Coronavirus Response Act. All three relate to absences from work because of school closings.

The new FAQs are available here (scroll down to Nos. 98, 99, and 100). Here is my quick-and-dirty summary.

98. My kids' school is open part of the time, and the rest of the time the kids do remote learning from home. May I take paid leave under the FFCRA on the days that my kids are having to do their remote learning?

Of course! Well, as long as "you need the leave to actually care for your child during that time and only if no other suitable person is available to do so."

Remote learning in the 1950s: Scary.

99. My kids' school has given us a choice. We can let the kids attend school in person, but if we prefer we can keep the kids at home and let them learn remotely. I chose the latter option, just to keep us all safe. Can I take FFCRA leave since my kids will be at home?

Nope. On-site school is available to you, so there is no "school closing" and you don't qualify for FFCRA leave.

One exception: If your kids are having to learn remotely, despite the availability of school, because they are under a quarantine order or advised by a health care provider to self-quarantine, then of course you'd be eligible for paid leave.

100. My kids' school is 100 percent remote now, but will be going back to regular, on-site classes later this year. May I take FFCRA leave while remote school is our only option?

Did you even have to ask? Of course you can!

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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