FFCRA Applies if School is Physically Closed

The Families First Coronavirus Response Act (FFCRA) requires covered employers – those with less than 500 employees – to provide employees with paid leave if they are unable to work or telework due to a need to care for their child whose school or place of careis closeddue to COVID-19 related reasons. The U.S. Department of Labor (DOL) has stated that if a school or place of care has moved fully online – where children are expected to complete assignments at home – then it is indeed considered “closed” for purposes of the FFCRA, and employers are required to provide leave to eligible employees. However,if a school or place of care has given the option to learn in-person and on site at the school or virtual, the school or place of care will not be considered to be "closed".