Guidance concerning FFCRA provisions related to school and child care closures

As challenging as the last several months have been for employers, the next several months may prove to be even more of a dilemma for employers and employees alike. With the uncertainty of the new school year looming, questions concerning evolving plans and modified schedules for schools and child care providers may prove to be the most daunting headache yet for both families and their employers.

The Families First Coronavirus Response Act (FFCRA), enacted earlier this year, requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The U.S. Department of Labor’s Wage and Hour Division administers and enforces the new law’s paid leave requirements. Presently, these provisions apply through December 31, 2020.

The FFCRA generally applies to private employers with fewer than 500 employees. All employees of covered employers are eligible for two weeks of paid sick time for specified reasons related to COVID-19. Employees employed for at least 30 days are eligible for up to an additional 10 weeks of paid family leave to care for a child under certain circumstances related to COVID-19.

In this video alert, McAfee & Taft labor and employment lawyers Courtney Bru, Jake Crawford and Anna Proctor examine these FFCRA provisions specifically related to school and child care provider closures. They discuss the requirements and responsibilities for both employer and employees, potential issues and pitfalls, and practical implications of administering this leave in the workplace.