It’s time for the school year to start, and what is usually an exciting time for parents and children has turned into a nerve-racking experience as it’s still very much in the air how schools are planning to operate this year in light of the COVID-19 pandemic. While your child’s school is still deciding these plans, you might be asking yourself whether you will be able to take leave under the Families First Coronavirus Response Act (“FFCRA”) if your child attends school remotely. At this time, there are generally three formats schools are considering, and each format has a different answer when it comes to leave options:
FORMAT 1: School is open for in-person learning, and your child is distance learning by choice through an online option the school offers:
You are not entitled to FFCRA leave because you are choosing distance learning, even though the school is open. However, if you are selecting the distance learning option because your child’s healthcare provider advised so due to concerns related to COVID-19, you may be entitled to FFCRA leave.
FORMAT 2: School is requiring full-time online instruction or distance learning:
You are entitled to FFCRA leave so long as there is no other person in the home who can care for your child(ren).
FORMAT 3: School is providing a mix of in-person and distance learning.
You may be able to take intermittent FFCRA leave. However, it is your employer’s choice whether to allow intermittent leave.
As more and more schools make their decisions about the upcoming school year, if you have any questions about leave available to employees, refer to our COVID-19 Resources page, or set up an appointment with us by phone or Zoom here.