On August 27, 2020, the U.S. Department of Labor (DOL) published
three new "Return to School" FAQs concerning the federal Families First
Coronavirus Response Act (FFCRA). Under the FFCRA, employees can
use up to 12 or 14 weeks of job-protected leave if they need to
care for a child whose school or place of care is closed, or
childcare provider is unavailable, due to coronavirus precautions.
Previously, the DOL published FAQs that addressed closures during
the last school year, followed by guidance on summer camp and
program closures. Its latest FAQs address issues employers and
employees are facing during the current school year.
First, the DOL addresses hybrid learning in which a school
offers in-person instruction on certain days and remote learning on
other days. The DOL confirms leave is available, but only on
remote-learning days. For FFCRA purposes, the Department considers
a school "closed" on days children cannot attend class in
person.
