ARTICLE
With a lot of schools expected to operate virtually this fall, we anticipate members experiencing frequent requests by employees for leave to care for children. This will create challenges as work forces are reduced and paid leave issues arise. To address some of these concerns, we have posted important guidance related to the Families First Coronavirus Response Act (FFCRA) and an employer's rights and obligations with respect to paid leave provided thereunder, along with a refresher on PPP and tax credit considerations that may arise when your employees take leave. Please note that the FFCRA is a Federal program. New York State does not have school closure provisions as part of its regular Paid Family Leave or its COVID-related paid Family Leave programs. Click here to find the FFCRA guidance. The USDOL's Wage and Hour Division published new frequently asked questions (FAQs) for workers and employers about qualifying for paid leave under the FFCRA, with a number of them referenced in our guidance document. The DOL's FAQs explains eligibility for paid leave relative to the varied formats and schedules schools have announced as they plan to reopen, including blending in-person with distance learning. We recommend reading these FAQs (found here) as well, as they further explain alternate day or hybrid-attendance questions, shifts from in-person to remote schooling and more. Make sure to also note that parents of children whose school allow parents to choose between in-person and remote learning and choose to participate in remote learning, however, would not be eligible to claim paid leave under the FFCRA because their child's school is not "closed."