Department of Labor Updates FFCRA FAQs with Back to School Scenarios

Thursday, September 3, 2020
Michael Bivona
Online Employee Training

The DOL has updated its guidance regarding the Families First Coronavirus Response Act (FFCRA) . A major usage of the FFCRA was leave for parents/guardians of children whose school/daycare center was closed down due to the pandemic. Now that schools in some areas of the country are re-opening and allowing students to return to classes, the DOL has preemptively created guidance addressing various scenarios:


- A school or daycare center is considered “closed” on an individual, rather than official, basis. This means that a school that has opened for in-person classes but still prevents a specific child from attending classes in-person (due to alternating schedules or a failed temperature check) is still “closed” for purposes of that child. Employees may use FFCRA leave to care for a child in this circumstance.


- If a school opens for in-person classes but gives parents the option for remote learning, FFCRA leave may NOT be taken for the purposes of childcare unless the child has been given a quarantine/isolation order by a health care provider.


Employees who wish to use this leave should provide the employer with evidence of EITHER a school closure or official documentation from the school mandating the prevention of child attendance. You can read the updated FFCRA guidance HERE.