January 26, 2022

Volume XII, Number 26

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DOL Issues New Q&As on COVID-19 and the FFCRA as of August 27, 2020

On July 27, 2020 we published a client alert about the DOL’s Q&A on COVID-19 with respect to the laws it enforces – the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and the Families First Coronavirus Response Act (FFCRA).  Again, on August 27, 2020, the DOL published new Q&A’s about the FFCRA and employee eligibility for the paid leave with the reopening of schools.  

In Question 98, the DOL addressed whether employees would be eligible for paid leave if their child’s school was rotating in person versus virtual attendance.  Specifically, the DOL answered that an employee is eligible for leave under FFCRA on the child’s designated remote learning days provided the employee is actually needed to care for the child and there is no other available suitable person.  

In Question 99, the DOL stated that employees who elect remote learning (when in person learning is available) at their child’s school are NOT eligible for leave under FFCRA as the child’s school is not closed.  

In Question 100, that employees remain eligible for leave under FFCRA when their child’s school is closed even if the school may reopen for in-person learning later in the school year.  The employees will be eligible until such time as their child’s school reopens.

© 2022 Foley & Lardner LLPNational Law Review, Volume X, Number 244
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About this Author

Jeffery Kopp, Labor Attorney, Foley and Lardner Law Firm
Partner

Jeffrey S. Kopp is a partner and litigation attorney with Foley & Lardner LLP. He has represented and counseled clients in various labor and employment, FMLA, OFCCP and EEO compliance, unemployment, workers compensation leave, and non-compete and trade secret matters. Mr. Kopp is a member of the firm’s Labor & Employment Practice, the Automotive Industry Team and the Trade Secret/Non-Compete Task Force. Mr. Kopp also represents employers in matters involving federal and state occupational safety and health agencies, including matters involving employee fatalities...

313-234-7140
Carrie Hoffmann, Foley Lardner Law Firm, Dallas, Labor and Employment, Litigation Law Attorney
Partner

Carrie Hoffman represents and counsels major employers nationwide in all areas of labor and employment law across a wide range of industries, including retail. Carrie is highly regarded for her experience with wage and hour issues, as well as employment discrimination and retaliation claims. She regularly reviews and drafts employment agreements – such as covenants not to compete – and advises clients on a wide variety of labor and employment issues, such as:

  • Workplace safety

  • Workplace harassment...

214-999-4262
Daniel A. Kaplan, Employment, Litigation, attorney, Foley Lardner Law firm
Partner

Daniel A. Kaplan is a partner and litigation attorney with Foley & Lardner LLP. Mr. Kaplan counsels employers in all aspects of the employer-employee relationship, including wage and hour, employment contracts, confidentiality and non-compete agreements, worker’s and unemployment compensation, family and medical leave, disability accommodations and compliance with the Americans with Disability Act, and all state, federal and local discrimination laws. Mr. Kaplan has experience litigating before various state and federal agencies, various state courts, and federal...

608-258-4231
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