Utilizing FMLA or Paid Family Leave During School Closures Due to COVID-19

During the ongoing pandemic, many employees face challenging situations where they need to balance work and personal responsibilities. One common issue arises when schools close due to the spread of COVID-19. In such cases, can you use your FMLA (Family and Medical Leave Act) or paid family leave to care for your children? This article explores the eligibility criteria and potential options available to you during these times.

Eligibility for FMLA or Paid Family Leave

Typically, FMLA is available to eligible employees who need to take leave for a variety of reasons, including caring for a family member who is ill. However, the interpretation of FMLA can vary among private employers, making it essential to discuss your specific situation with your immediate supervisor or HR department.

Eligible Employees for FMLA:

Part-time or full-time employees who have worked for your employer for at least 12 months and for at least 1,250 hours over the past 12 months. Employees who are employed at a worksite where 50 or more employees are employed by the employer within 75 miles.

It's important to note that even if you are not eligible for FMLA due to the size of your employer, many states and companies offer paid family leave or other forms of paid medical leave which can be used similarly.

Eligibility Criteria For FMLA and Paid Family Leave During School Closures

Certain specific emergencies under the FMLA and paid family leave can be invoked if you need to care for a child due to a school closure caused by the pandemic. The following situations could qualify:

You are quarantined by order of the federal, state, or local government due to COVID-19. You are self-quarantined based on medical advice received from a healthcare provider. You are caring for someone who has been ordered by government officials or advised by a medical provider to quarantine due to the pandemic. You are experiencing symptoms of COVID-19 and seeking a medical diagnosis. You are caring for a child under the age of 18 whose school is temporarily closed or childcare services are unavailable due to pandemic-related school closures. You are dealing with a similar condition as specified by the Secretary of Health and Human Services.

Under the Families First Coronavirus Response Act (FFCRA), covered employers (federal, state, and local governments, and private employers with fewer than 500 employees) are required to provide two types of leave:

Emergency SickLeave: Employees are entitled to 80 hours of emergency sick leave to address a health-related issue or to care for a family member with a health-related issue due to COVID-19. Expanded FMLA Leave: Employees who need to care for a child due to school or daycare closures due to the pandemic are entitled to 10 weeks of paid family leave.

General Guidelines and Recommendations

Before taking any leave, it is advisable to review your company’s leave policies and discuss your situation with your supervisor or HR representative. Employers may have specific requirements or procedures to follow, such as providing doctor’s notes or other documentation. Some key points to consider include:

Check if your employer offers any additional paid leave policies beyond FMLA and FFCRA. Ensure you understand the duration and any eligibility criteria for both types of leave. Understand any renewal or extension options if the leave is not sufficient to cover the duration of the school closure.

While state laws and company policies may differ, the overarching goal is to provide support and flexibility for employees during this uncertain time. Always stay informed about local regulations and company policies to maximize the benefits available to you.

Conclusion

The school closures and the resulting need to care for children during the pandemic present unique challenges for working parents. Understanding your rights under both FMLA and paid family leave, as well as any additional benefits offered by your employer, can help ensure you and your family have the support you need during this critical period.

References

This article is based on the information provided in the Families First Coronavirus Response Act (FFCRA) and general guidance from the U.S. Department of Labor. For the most up-to-date information, please consult the official sources.