With the school reopening, new questions concerning acceptability for paid leave under the FFCRA (Families First Coronavirus Response Act) are cropping up. Several employees are worried regarding the eligibility for the EFMLEA (Emergency Family and Medical Leave Expansion Act) as they cope up with COVID-19 decisions.
The Families First Coronavirus Response Act (FFCRA), which is in effect until December 31, 2020, obligates organizations to give all employees a paid leave of up to 80 hours (two weeks) for one of the particularized reasons associated with COVID-19. The employees are entitled to the paid sick leave at two-third of the regular rate of pay if the employee is not able to work due to a genuine reason to care for a kid whose child care provider or school is closed for reasons associated with COVID-19.
In late August, the U.S. DOL (Department of Labor) updated the regularities for school reopening concerns under the FFCRA. Let’s have a look at some of the DOL regularities related to school reopening and employee rights under the Families First Coronavirus Response Act.
Hybrid Learning
A lot of school communities have opted to vacillate while students can be in school. In this, every week, students will go to school in one and four days. In these circumstances when schools are open but not for every student, are employees eligible for paid leave under the FFCRA? The answer is yes. The employees are eligible to use paid leave when their children are learning remotely, and they need to take care of the child. The Department of Labor considers the school closed in the remote learning days.
Virtual Learning
In this crucial time, several schools have converted into part-time or part-time virtual learning standards. As a result of this, schools are in session, but in-person teaching is either not provided or is limited. This leads to the question that whether the school will be considered as open or close, and the FFCRA paid leave is applicable in this situation or not. For this, the DOL (Department of Labor) has issued regularities in a series of FAQs (Frequently Asked Questions) which reinforce that while the child care facilities or schools are physically closed, notwithstanding remote choices, employees are eligible for paid leaves. Also, if a school is partly open and the child of the employee attends in-person learnings, then the employee is not eligible for paid leave on those particular days.
Documentation is Important
The DOL regularities explain the type of documentation organizations require to substantiate the leave. Under the Families First Coronavirus Response Act, documentation for leave requests should have:
- The name of the employee
- Dates for leave
- The reasons qualifying for leave
- A report expressing that the employee is not able to work because of the COVID-19 qualifying reason
Moreover, documentation for paid leave to take care of a child should incorporate:
- The name of the child being cared for
- School’s name, childcare provider, or place of care that is closed or is unavailable
- A report stating that no other person is available to take care of the child during the period of the demanded leave
Conclusion
It is necessary for employers to examine the law and the policies regulated by the FFCRA and DOL. The reopening of school can add difficulties for employees.
Attend the Compliance Prime webinar to learn about the FFCRA and DOL regularities regarding the paid leaves.
