Intersection Between Return-to-School And FFCRA

As we have previously reported, the Families First Coronavirus Response Act (FFCRA), which remains in effect through December 31, 2020, provides, among other things, that eligible employees can take up to 12 weeks of FMLA leave if the employee is unable to work (or telework) due to a need for leave to care for their son or daughter if the child's school or place of care has been closed, or the child's child care provider is unavailable, due to a public health emergency with respect to COVID-19 declared by a Federal, State, or local authorities. The United States Department of Labor (DOL) has been issuing guidance with respect to various provisions of the FFCRA and, as the schools across the country are getting ready to start or have already started the new school year, on August 27, 2020, issued three new Questions and Answers on the intersection of return-to-school and the FFCRA. The new guidance is straightforward: