Additional Guidance on School Closures and Families First Coronavirus Response Act
The Department of Labor has issued additional guidance in interpreting the provisions of the Families First Coronavirus Response Act (the “Act”). On March 18, 2020, the Act was signed into law which provided certain employees with emergency paid sick leave (EPSL) and emergency Family and Medical Leave Act (EFMLA) leave beginning April 1, 2020.
Among other topics, the additional guidance further explains when an employee can receive emergency paid leave due to caring for a child that is home because the child’s school is closed. The leave may only be taken for a non-disabled child under the age of 18 or a disabled child 18 years of age or older and only if the employee is required to provide care for such child. In addition, paid sick leave is available to an employee to care for an individual who is subject to a governmental stay-at-home or shelter in place order or who has been advised by a health care provider to self-quarantine, which could include the employee’s child who is 18 years of age or older. If an employee needs to care for a child 18 years of age or older under these circumstances and the employee cannot work or telework, then the employee is eligible for emergency paid sick leave. However, the employee is limited in this circumstance to only two weeks of emergency paid sick leave.
The Department of Labor has also clarified that a school closure includes schools where the physical location is closed, but the instruction is being provided online or through some other distance learning format.
Finally, the guidance addressed whether an employee can take paid leave to care for a child due to a school or day care closure if another parent is simultaneously providing care for such child. In this circumstance, an employee can take EPSL and EFMLA only when the employee needs to, and actually is, providing care for their child and the employee is unable to work or telework as a result. According to the guidance, generally speaking, an employee does not need to take paid leave if another parent is available to care for the child.
All of the Department of Labor’s guidance on the Families First Coronavirus Response Act can be found at dol.gov.