Action Items

  • Review leave policies and forms for "hybrid" return situations.
  • Familiarize yourself with local school announcements.

Recently the U.S. Department of Labor issued three frequently asked questions to determine whether an employee is eligible for paid leave under the Families First Coronavirus Response Act ("FFCRA") as schools begin instruction.


  • Where the school gives parents and students the choice to attend in-person or remote:

Employee IS NOT eligible for paid FFCRA because the school is not closed.

  • Where the school is operating a "hybrid" program – a combination of in-person and remote instruction:

Employee IS eligible for paid FFCRA for the remote learning days if the employee needs to leave to care for the child during remote learning AND no other suitable person is available.

  • Where school begins with remote learning but has said it will re-evaluate later:

Employee IS eligible while the school is closed. Continued eligibility will depend on what model (see above) the school uses to provide instruction.

We Can Help You

We have been on the forefront of dealing with COVID-19 for our clients. Please contact us if you would like to discuss safety protocols and strategies or other employment matters impacted by COVID-19, or if we can otherwise be of assistance in any way.

COVID-19 Resources

We recommend you evaluate the following pandemic-related business and legal considerations that we have been discussing with our clients:

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