DOL Issues Guidance On Paid Leave Return To School Questions

Volume: 19 | Issue: 54
August 31, 2020

The U.S. Department of Labor (DOL) has published new frequently asked questions (FAQs) about eligibility for paid leave under the Families First Coronavirus Response Act (FFCRA) in relation to the varied formats and schedules schools are using as they reopen.

The new FAQs address whether employees qualify for paid 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 year with remote learning but may shift to in-person instruction if conditions change.

These new FAQs, issued August 27, can be found on the DOL’s FFCRA web page under “Return to School.” Notably, the DOL has taken the position that if an employee chooses remote learning when in-person instruction is available, the employee is not eligible for FFCRA paid leave.

If you have questions about this guidance, or FFCRA leave in general, please contact a KZA attorney.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.

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