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Test Your Knowledge
Oct 27, 2020 3:09:00 PM
Q: My child’s school is operating on an alternate day basis. May I take paid leave under the Families First Coronavirus Response Act (FFCRA) in these circumstances?
Yes, you are eligible to take paid leave under the FFCRA on days when your child is not permitted to attend school in person and must instead engage in remote learning, 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. For purposes of the FFCRA and its implementing regulations, the school is effectively “closed” to your child on days he or she cannot attend in person. You may take paid leave under the FFCRA on each of your child’s remote-learning days.
Q: My child’s school is giving me a choice between having my child attend in person or participate in a remote learning program. If I choose remote learning, may I take paid leave under the FFCRA in these circumstances?
No, you are not eligible to take paid leave under the FFCRA because your child’s school is not “closed” due to COVID–19 related reasons; it is open for your child to attend. FFCRA leave is not available to take care of a child whose school is open for in-person attendance. If your child is home not because his or her school is closed, but because you have chosen for the child to remain home, you are not entitled to FFCRA paid leave. However, if, because of COVID-19, your child is under a quarantine order or has been advised by a health care provider to self-isolate or self-quarantine, you may be eligible to take paid leave to care for him or her.
For additional Q&A regarding the FFCRA you can review the DOL compliance assistance here: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions.
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