Posted September 16, 2020
Can school districts deny an employee’s request for Family First Coronavirus Relief Act (“FFCRA”) leave if the employee’s child is attending school on a hybrid schedule?
No. Under the revised US Department of Labor (“USDOL”) regulations, effective September 16, 2020, employers cannot deny FFCRA leave for hybrid childcare circumstances. The USDOL has explained that each day of school closure constitutes a separate reason for FFCRA leave that ends when the school opens the next day. An employee may, therefore, use FFCRA leave for their child’s hybrid school schedule.
https://www.dol.gov/agencies/whd/pandemic/ffcra-questions FAQ Nos. 101-103
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