Paid leave options employers and employees need to know during back-to-school season.
9/4/2020 9:00
Back-to-school season is underway, which for some families this year means distance learning for their kids, in-person schooling, or a combination of the two due to the COVID-19 pandemic.
For employers already navigating a similar situation with remote work options or a combination of staff working from home or in the office, this also means planning for employees who need to take leave as a result of their children’s school arrangements.
Employees have leave options under the Families First Coronavirus Response Act (FFCRA), which Elizabeth Fite Blanco, partner, and Rachel Morris, employment attorney, from Sessions, Fishman, Nathan & Israel explained during the ACA Huddle “A Look at Paid Leave During Back-to-School Season,” Aug. 28. (Member log in is required to listen to the recording.)
Fite Blanco and Morris reviewed leave options under the FFCRA and tips for balancing employees’ needs as kids return to school.
While school is already underway in many states, employers should stay up to date on the FFCRA and options for their employees as districts may change their learning models from distance learning to in-school options, or vice versa depending on the state of the COVID-19 pandemic in their area.
Employers should also be proactive and communicate with their employees about learning options at their kids’ schools and keep that communication going as those options and their leave requests throughout the year may change.
The FFCRA requires certain employers to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19, according to the U.S. Department of Labor.
Fite Blanco and Morris said that when it comes to school-related options, the FFCRA provides employees with two weeks paid sick leave and up to 10 additional weeks if an employee is unable to work or telework if their child’s school or place of care is closed or unavailable due to COVID-19.
When the leave is due to childcare or school closure, those 12 weeks available through the FFCRA count against traditional Family Medical Leave Act leave for employees who are eligible, they said.
The ACA Huddle with Fite Blanco and Morris covered compensation, documentation of FFCRA leave and the importance of employers reviewing all options with their staff.
“It’s okay to engage in an interactive dialogue,” Morris said.
Under the FFCRA, an employee is entitled to compensation that is 2/3 of his or her regular rate of pay when their child is at home due to a school or childcare closure. There are also some considerations to make if an employee has accrued sick time or vacation time.
Employers may review several questions with their staff to determine the best option for leave, irrespective of whether their children are elementary or middle school age or in high school and able to work independently.
- First, ask whether the school has an in-person option for classes. If the answer is yes, it’s ok to ask why the employee did not choose this option.
- Ask the employee to send an email detailing the reasons for the leave request. Employers need everything in writing.
- If telework is available, ask the employee to confirm in writing that he or she cannot telework during the time their child’s school is offering virtual classes.
- Ask whether there is another adult in the household who can be primarily responsible during at-home school hours. If the answer is no, have the employee confirm in writing that there is no other suitable person to care for the child.
- How long will the school be holding virtual classes? Many schools are only offering virtual classes the first four weeks or nine weeks of the school year, but some are continuing virtual classes for 18 weeks.
- Employers also need to document the name of the child being cared for while their employee is at home on leave; the age of the child or children; and the name of the school, place of care, or childcare provider that has closed or become unavailable.
Employers must also obtain written documentation from the employee, such as an email or notification from the school, that it will be offering virtual classes.
Fite Blanco and Morris note that if a child or children are age 15-17, employers should require the employee to provide a statement that there are special circumstances that cause the older child to need their care. They do not need to provide any further information beyond that statement, such as what the special circumstances are, but it should be in writing.
Employers should also communicate their policies and options in writing as well, Fite Blanco and Morris said.
ACA members may log in and listen to the complete presentation on the FFCRA and school-related leave here. Access upcoming ACA Huddle sessions, Hot Topic webinars and Core Curriculum through ACA’s online events and education calendar.