One at One: FFCRA and Hybrid School Schedules

Today’s Issue:

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?

Answer:

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.

Resources:

https://www.dol.gov/agencies/whd/pandemic/ffcra-questions FAQ Nos. 101-103
https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-20351.pdf

To Learn More about FPSCTT’s Education and School Law Practice, please contact:

Lester Taylor, Partner and Co-Chair
Christine Soto, Partner and Co-Chair
Afshan Ajmiri Giner, Partner

This post is for informational purposes only and should not be construed as legal advice.