The Families First Coronavirus Response Act (“FFCRA”) passed in March 2020 provides eligible employees with leave benefits for qualifying reasons related to Covid-19. One of these leave benefits under FFCRA provides, eligible employees to use FFCRA leave benefits “to care for a child (under 18 years of age) whose school or childcare provider is closed or unavailable for reasons related to COVID-19.”
As we get closer to the start of summer the question arises of whether employees will be eligible to use FFCRA benefits to care for their children now that many schools and childcare providers are “officially” on summer vacation. The Department of Labor (“DOL”) has clarified that employees will not be eligible to use FFCRA benefits if the child’s school or childcare provider is now closed for summer vacation, or for other reasons not related to Covid-19. However, Employers should take note that the DOL has taken the position that an employee may still be eligible for FFCRA benefits if the employee’s child care provider during the summer— such as a summer camp or other programs in which the employee’s child is enrolled—is now closed or unavailable for a COVID-19 related reason. As employers continue to navigate the effects of Covid-19, it is important to understand and stay up to date with any changes regarding FFCRA and any new Covid-19 laws and regulations that may affect your business. Since employment scenarios are very fact specific, it is important to consult legal counsel before taking any action to understand the risks. If you have any questions surrounding FFCRA leave benefits or would like to discuss how to operate your business in California in light of the Covid-19 pandemic, please contact the Employer Lawyers at Chauvel & Glatt.
The material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.
