R. Patrick Bolling

R. Patrick Bolling
Associate

Michael P. Gardner

Michael P. Gardner
Principal

The Department of Labor (DOL) issued long-awaited guidance on paid family leave and jobless benefits when schools are open for in-person, virtual, or hybrid learning.

Workers, DOL says, are ineligible for virus-related paid family leave and jobless benefits if they decide to educate their children from home when the school gives them the choice of either online or in-person learning.

The DOL also addressed two other common school-related situations. Some schools have opted for “alternate day” or “hybrid-attendance” scenarios where the school is physically open each day, but groups of students alternate physical and remote attendance. Workers are eligible for FFCRA in these scenarios, DOL said, so long as they need leave to actually care for the child during their “remote” day, and so long as no other suitable person is available to care for the child. Finally, if a school opens remotely, but might open later, workers generally remain eligible for FFCRA during the remote open.


If you have questions about your employees paid leave options under the FFCRA:
Contact Patrick Bolling at pbolling@woodsrogers.com.
Contact Mike Gardner at mgardner@woodsrogers.com.