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ARTICLE · 31 AUGUST 2020

DOL Issues Back-to-School Leave Guidance. (Beltway Buzz, August 28, 2020)

Ogletree, Deakins, Nash, Smoak & Stewart
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DOL Issues Back-to-School Leave Guidance. On August 27, 2020, the U.S. Department of Labor's (DOL) Wage and Hour Division (WHD)

United StatesEmployment and HR

DOL Issues Back-to-School Leave Guidance. On August 27, 2020, the U.S. Department of Labor's (DOL) Wage and Hour Division (WHD) updated its frequently asked questions regarding paid leave under the Families First Coronavirus Response Act (FFCRA) related to the reopening of schools. The questions address whether paid leave is available when:

  • a child attends a school operating on an alternate-day basis [answer: because school is effectively "closed" when children cannot attend in person, employees may take paid leave on days when their children are not permitted to attend school in person];
  • a parent chooses remote learning when in-person instruction is available [answer: paid leave under the FFCRA is not available because the school is not "closed" due to COVID-19-related reasons]; and

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