August 27, 2020

The U.S. Department of Labor’s Wage and Hour Division (WHD) published new frequently asked questions (FAQs) for workers and employers about qualifying for paid leave under the Families First Coronavirus Response Act (FFCRA) related to the reopening of schools. The new guidance explains eligibility for paid leave relative to the varied formats and schedules schools have announced as they plan to reopen, including blending in-person with distance learning.

Specifically, the FAQs state that parents of a child whose school is operating on an alternate day or other hybrid-attendance basis are eligible to take paid leave under the FFCRA on days when their child is not permitted to attend school in person and must instead engage in remote learning, as long as the leave is to care for a child during that time and no other suitable person is available to do so. Parents of children whose school is beginning the school year under a remote learning program but may shift to in-person learning later in the year would also be eligible for FFCRA paid leave. Parents of children whose school allow parents to choose between in-person and remote learning and choose to participate in remote learning, however, would not be eligible to claim paid leave under the FFCRA because their child’s school is not “closed.”

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