On August 27, 2020, the United States Department of Labor issued new guidance in the form of three additional FAQs to define when a school is considered closed for purposes of leave entitlements under the Families First Coronavirus Response Act. The additional guidance covers three scenarios:
Hybrid Learning
When the school operates through hybrid learning, students attend in-person on certain days and through remote learning on other days. In these situations, the DOL has clarified that the school is considered closed on the remote learning days when the child cannot attend, and parents will be eligible for FFCRA leave on those days.
Parents’ Choice
In instances where schools provide parents a choice between in-person instruction and remote learning, the DOL has made clear that parents who choose the remote learning option out of concern are not eligible for paid leave under the FFCRA because the school is open for the child to attend.
Remote Start
If a school starts the year with full remote instruction yet includes a plan to potentially open for in-person education during the school year, parents are eligible for FFCRA leave while the school remains closed during the remote learning period. Once the school decides to open in another capacity, parents may be entitled to additional leave during continued remote learning days.
As a reminder, FFCRA leave under these situations may be taken to care for a child whose school or place of care is closed when no other suitable person is available to care for the child.