On Thursday, Aug. 27, the U.S. Department of Labor’s Wage and Hour Division published new frequently asked questions for workers and employers regarding qualifications for paid leave eligibility under the Families First Coronavirus Response Act, specifically adding new guidance detailing paid leave options related to schools reopening.

The FAQs address whether employees qualify for paid leave when:

• A child attends a school operating on an alternate day basis (FAQ No. 98).
• A parent chooses remote learning when in-person instruction is available (FAQ No. 99).
• A school begins the year with remote learning but may shift to in-person instruction if conditions change (FAQ No. 100).

For a detailed analysis of the new FFCRA FAQs, read New FFCRA FAQs Address Return-to-School Leave Issues, published by ABC general counsel Littler Mendelson, P.C. Additional FFCRA FAQs are available here.

FFCRA requires private-sector employers with fewer than 500 employees and certain public employers to provide covered employees emergency paid sick leave and expanded family and medical leave. The FFCRA’s paid leave provisions went into effect on April 1, 2020, and apply to leave taken between April 1, 2020, and Dec. 31, 2020.

This latest FAQ adds to the multiple tools the DOL has already made available to advise on paid leave eligibility. The department has also released an online tool to determine eligibility, videos explaining paid leave eligibility and an infographic showing how much time an individual can take off work under different circumstances.

DOL’s WHD has continued to update its website to provide the latest news on benefits under FFCRA and can be accessed here.