As kids, parents, teachers and educational institutions approach the start of a new school year, there are still many questions about exactly what school might look like in the midst of the COVID-19 pandemic. The many private and public educational institutions across the nation are taking different approaches with regard to how schools will operate this school year. These plans can generally be organized into the following categories: full-time remote learning; in-person learning with an option for remote learning; and hybrid learning scenarios, with a combination of remote learning and in-person instruction.

What does this mean for employers? It will be critical to understand leave-management obligations applicable to covered employers under the federal Families First Coronavirus Response Act (H.R. 6201) (the act) that was passed by the Senate and signed by the president in March 2020. The act expands the protections under the Family Medical Leave Act (FMLA) and requires many private and all public educational institutions to provide significant amounts of paid leave related to COVID-19.

  • Are school personnel entitled to FFCRA leave for their own childcare issues?