Thank you!
We will contact you shortly.
FFCRA: School Reopening (or Not) Plans
Working parents are facing myriad challenges as children resume their studies in alternative formats due to the continuing COVID-19 crisis. In what situations are employees eligible for child-care-related leave or unemployment benefits?
DOL PROVIDES CLARITY ON CORONAVIRUS-RELATED CHILD CARE LEAVE
On Aug. 27, the DOL released more questions and answers related to new school schedules and paid leave under the Families First Coronavirus Response Act (FFCRA). The FFCRA requires employers with fewer than 500 employees to provide up to 80 hours of sick leave and an additional 10 weeks of paid family leave—paid at two-thirds the employee's regular rate—when employees are unable to work because they need to care for a child whose school or child care provider is closed or unavailable for COVID-19-related reasons. To read the full article click HERE.
The DOL also issued a letter on expanded unemployment eligibility under the Pandemic Unemployment Assistance provisions, which cover people who are unable to work because they are providing primary care for a child who is unable to attend school because of the pandemic, among other reasons.
"Under these federal stimulus programs, parent-employees with school-age children could access certain benefits in cases where there was a school closing," said Robert Robenalt, an attorney with Fisher Phillips in Columbus, Ohio. "Now that schools are making decisions on reopening, the DOL has provided guidance as to when parents may be entitled to leave or unemployment benefits under these federal programs."
HYBRID LEARNING FORMATS:
● "Under these federal stimulus programs, parent-employees with school-age children could access certain benefits in cases where there was a school closing," said Robert Robenalt, an attorney with Fisher Phillips in Columbus, Ohio. "Now that schools are making decisions on reopening, the DOL has provided guidance as to when parents may be entitled to leave or unemployment benefits under these federal programs."
● Some schools, for example, are alternating in-person and distance learning days based on students' last names, and students are allowed to attend in-person classes only on their allotted days. Under these circumstances, parents are eligible to take paid leave on days when their child is required to engage in remote learning, so long as the parent actually needs the leave for child care purposes and is the only suitable person available. The 'off' days still count as closure days for purposes of entitlement to FFCRA leave.
● For schools that are close for now but might later decide to open for in-person learning later in the year. Employees are eligible to take paid leave under FFCRA while your child’s school remains closed.
● "If your child's school reopens, the availability of paid leave under the FFCRA will depend on the particulars of the school's operations."
● A person who is not receiving paid-leave benefits may be eligible for Pandemic Unemployment Assistance if he or she is "unable or unavailable to work" due to child care needs while a school is operating online or in a hybrid format. ● To Read the Full Article Click HERE
PARENT’S CHOICES MAY IMPACT ELIGIBILITY:
● Many schools are giving parents the option between having their children attend in-person classes or participate in a remote learning. Parents can choose to keep their children home for a variety of reasons, including out of concern that their child will contract COVID-19 on campus. Are employees eligible for FFCRA or unemployment benefits if in-person learning is offered and they opt for online learning?In this scenario, employees are not eligible for FFCRA leave or unemployment benefits because they made the choice to keep their children home.
● FFCRA leave and unemployment benefits are only available if the school is closed for reasons related to COVID-19. "The DOL guidance reflects that these benefits programs are reserved only for cases in which the school has chosen to conduct distance learning or some hybrid form of distance learning,"o However, the DOL noted, parents may be eligible for paid leave to care for a child who has been ordered to quarantine or self-isolate.o Employees may also be eligible for leave under certain federal or state laws if their child is immunocompromised or otherwise truly at a greater risk of serious illness and therefore can't attend in-person classes. ● To Read the Full Article Click HERE
Back-To-School Considerations for Employers During the COVID-19 Pandemic.
● Proactively communicate with employees1) Communication is always important, but even more so during the COVID-19 pandemic. As employers continue to transition their workforces back to the workplace, providing as much notice as possible to employees will be key, particularly those who may need to make alternate childcare arrangements.
● Be flexible, when and wherever possible1) Consider work-from-home arrangements, flex or staggered schedule alternatives, and intermittent leave options for employees having difficulty managing their workload and childcare responsibilities.2) Review leave policies and obligations3) Employers should assess any applicable leave policies, including the potential increased use of accrued paid time off by employees seeking to accommodate unexpected childcare challenges
● Review leave policies and obligations1) Employers should assess any applicable leave policies, including the potential increased use of accrued paid time off by employees seeking to accommodate unexpected childcare challengesClick HERE to read the full article.
Canadian Legislation Changes 2021
Fill in your details below and get access to the free downloads we have created.
Ready to Make 2021 Your Breakthrough Year?
Download your 2021 Action Planner and get instant access to the Success Video Guide
COVID HR Helpline for Dentists
Fill in your details below and one of our dedicated specialists will contact you shortly.