October 3, 2022

Volume XII, Number 276

Advertisement

October 03, 2022

Subscribe to Latest Legal News and Analysis

The Department of Labor Provides Additional Guidance on Paid Leave due to School Closures

Since April 1, 2020, many employers have been grappling with the Families First Coronavirus Response Act (“FFCRA”), which provides two weeks of paid sick leave related to COVID-19 and up to twelve weeks of paid leave under the expanded Family and Medical Leave Act (“EFMLA”).

These issues have resurfaced with children heading back to school. As with all things COVID-19, the situation is fluid with some schools going online/virtual for the entire semester, others going online/virtual on a temporary basis, and active litigation over schools resuming in person. These complications have led to many unanswered questions as to how the EFMLA leave applies to employee requests for time off to care for a son or daughter whose school or place of care is closed due to COVID-19. Yesterday, the Department of Labor (“DOL”) provided some much needed answers on these issues.

The DOL’s guidance addresses an employee’s eligibility for paid FFCRA leave when the child’s school is only temporarily closed, or offered remote teaching arrangements as an alternative, or offered hybrid, alternating day in-person teaching schedules. The DOL’s recent guidance can be found here.

Despite this recent clarification from the DOL, the law remains complicated, including who and when employees are entitled to leave and how to compensate employees taking leave.

© 2007-2022 Hill Ward Henderson, All Rights ReservedNational Law Review, Volume X, Number 241
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Gordan Hill Employment Litigator Hill Ward Henderson
Shareholder

Gordon is a Shareholder in the firm’s Litigation and Employment Law Groups, and is the firm's Assistant General Counsel for Labor and Employment matters. His practice primarily involves employment litigation and counseling, as well as noncompete litigation and general commercial litigation.

In his employment practice, Gordon advises, represents and defends corporate clients in a broad spectrum of employment-related issues. Gordon has successfully defended clients in a wide variety of employment-related litigation, but...

813.222.8506
Jeff Wilcox Litigation Attorney Hill Ward Henderson Law Firm
Shareholder

Jeff is a Shareholder in the firm’s Litigation Group. His practice primarily focuses on employment law, including wage-hour compliance, FMLA and ADA compliance, allegations of discrimination and harassment, non-compete litigation, and handbook and policy drafting. 

Jeff is active in both professional and Bar-related activities.  He currently serves as a Director on the Hillsborough County Bar Association, Young Lawyers Division Board, and is a member of the Employment and Labor Law Committee in the Defense Research Institute.  In 2014, Jeff received the Hillsborough County Bar...

813.222.8725
Ryan M. Guerin - Associate HWH Law complex commercial litigation labor and employment
Associate

Ryan is an associate in the firm’s Litigation group. His practice primarily focuses in the area of labor and employment. Ryan also covers an array of general and complex commercial litigation matters.

Ryan represents employers in litigation involving claims of employment harassment, discrimination, retaliation, leave laws, wage and hour laws, whistleblower laws, enforcement of and defense against non-solicitation and non-competition agreements, background check laws, and other employment-related claims. Ryan represents numerous industries, including clients...

813-222-8503
Matthew Hall Insurance Litigator Hill Ward Henderson
Shareholder

Matthew practices in the firm’s Litigation group, primarily focusing in complex commercial litigation, insurance coverage disputes, management-side employment matters and federal court practice. The diversity of Matthew’s practice is reflected in the diversity of the clients he represents: from Fortune 100 companies to large insurance companies to small and up-and-coming businesses to individuals. Matthew has worked to obtain six-figure recoveries on behalf of his clients in breach of contract actions and successfully defended other clients from multi-million dollar...

813.227.8479
Cory J. Person - Shareholder Hill Ward Henderson Litigation and Employment Law
Shareholder

Cory J. Person is a Shareholder with Hill Ward Henderson, practicing in the firm’s Litigation and Employment Law groups. His practice is primarily focused on the defense of products liability, premises liability, negligent security, general negligence and complex tort claims.  Cory also has extensive experience representing employers in litigation arising out of discrimination, harassment and non-competition agreements.  Prior to joining Hill Ward Henderson, Cory was a partner with a major insurance defense firm, with a similar practice focused on third party liability.  Cory...

813-222-3135
Advertisement
Advertisement
Advertisement