Department of Labor Addresses Back-to-School Leave & Caregiving Issues
As I have previously written, the federal Families First Coronavirus Response Act (FFCRA) applies to employers with fewer than 500 employees and to public agencies. For parents and caregivers, the FFCRA allows employees to use up to 12 weeks of paid job-protected leave if they need to care for a child whose school or place of care is closed, or a childcare provider is unavailable, due to COVID-19. (Please refer to our previous blog post to understand the basic requirements of the law.).
Now, the Department of Labor has released additional guidance to assist parents and caregivers who are caring for children during this back-to-school season.
Fast Facts
Parents assisting with full-time or hybrid-attendance remote “distant learning” may qualify for paid, job-protected leave to care for a child.
Parents may take leave in partial-day increments to assist with distance learning. For example, a parent working remotely may assist with distance learning during morning hours using FFCRA leave, and resume remote working in the afternoons.
Parents who choose remote learning when in-person instruction is available are not eligible for FFCRA leave unless the child is under a quarantine order or has been advised to self-quarantine due to COVID-19.
Other caregivers (like a grandparent, aunt, or unmarried partner) may be eligible for paid, job-protected leave to care for a child. If a caregiver has day-to-day responsibilities for or financially supports a child, they may qualify for job-protected, paid leave under the FFCRA. The Department of Labor has stated that the “specific facts of each situation will determine whether an employee stands in loco parentis to a child.”
Please keep in mind that many California cities and counties have passed their own requirements for paid sick leave. Therefore, some employees – especially those who work for large employers not covered by the FFCRA -- may qualify for paid leave benefits to assist with back-to-school caregiving issues. For example, Santa Rosa, San Francisco, San Jose, Los Angeles have all passed local laws expanding paid sick leave benefit requirements for large employers. Please contact us if you need assistance navigating the many COVID-19 related leave laws.
In addition, the federal Department of Labor Employment Training Administration (ETA) released guidance on when a caregiver might be eligible for Pandemic Unemployment Assistance (PUA). In general, unemployment benefits may be available for caregivers when they do not have access to paid leave and are providing ongoing and constant attention to a student(s) such that that working from home is not possible. Individuals who work part-time or receive partial paid leave benefits must report these earnings to avoid overpayment of PUA.