DOL Issues New Q&As on COVID-19 and the FFCRA as of August 27, 2020

31 August 2020 Blog
Authors: Jeffrey S. Kopp Carrie Hoffman Daniel A. Kaplan
Published To: Labor & Employment Law Perspectives Coronavirus Resource Center:Back to Business

On July 27, 2020 we published a client alert about the DOL’s Q&A on COVID-19 with respect to the laws it enforces – the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and the Families First Coronavirus Response Act (FFCRA).  Again, on August 27, 2020, the DOL published new Q&A’s about the FFCRA and employee eligibility for the paid leave with the reopening of schools.  

In Question 98, the DOL addressed whether employees would be eligible for paid leave if their child’s school was rotating in person versus virtual attendance.  Specifically, the DOL answered that an employee is eligible for leave under FFCRA on the child’s designated remote learning days provided the employee is actually needed to care for the child and there is no other available suitable person.  

In Question 99, the DOL stated that employees who elect remote learning (when in person learning is available) at their child’s school are NOT eligible for leave under FFCRA as the child’s school is not closed.  

In Question 100, that employees remain eligible for leave under FFCRA when their child’s school is closed even if the school may reopen for in-person learning later in the school year.  The employees will be eligible until such time as their child’s school reopens.

Companies in all sectors of the economy continue to be impacted by COVID-19. Foley is here to help our clients effectively address the short- and long-term impacts on their business interests, operations, and objectives. Foley provides insights and strategies across multiple industries and disciplines to deliver timely perspectives on the wide range of legal and business challenges that companies face conducting business while dealing with the impact of the coronavirus. Click here to stay up to date and ahead of the curve with our key publications addressing today’s challenges and tomorrow’s opportunities. To receive this content directly in your inbox, click here and submit the form.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.

Related Services