Updated Guidance on Families First Coronavirus Act Leave

Heather Kimmel, General Counsel for the United Church of Christ, shared the following update on the Families First Coronavirus Response Act (FFCRA):

The Department of Labor recently released additional guidance on the leave available to employees caring for school-aged children under the Families First Coronavirus Response Act. These questions and answers relate to schools and remote learning. Briefly:

• If the school is closed and the only option is remote learning, the employee is eligible for paid leave under the FFCRA.

• If the school offers the option of attending in person or attending remotely, the employee is not eligible for leave under the FFCRA because the school is not closed due to COVID, even if the employee selects the remote option out of fear of the child contracting COVID.

• If the school has a hybrid approach and the child is required to do remote learning on particular days and not permitted to attend school on those days, the employee may take the leave on those days.

For additional information and a more complete explanation click HERE. Of course, nothing prohibits an employer from giving an employee leave that is not required under FFCRA, but remember that the employer cannot take the payroll tax credit for non-qualifying leave.