The DOL recently published additional questions and answers to its already extensive FFCRA leave FAQs page on its website. Most significantly, the DOL clarified that should an employee have a choice as to whether their child attends school in-person or virtually, and chooses the virtual option, then the employee is not eligible for FFCRA leave based on the need to care for a child due to his or her school closure as the school is physically open for learning. It is important that employees are aware of this particular lapse in FFCRA leave, especially as the school year progresses and schools implement various methods of controlling the spread of COVID-19.
The new guidance can be found at the DOL’s FFCRA FAQs page, numbers 98 through 100, on the DOL’s website here.