How to Qualify for Paid Leave If Schools Close Again
As students prepare for a return to face-to-face education – or a hybrid of face-to-face and distance learning – almost every parent is left with one question: What happens if schools and kindergartens close? Many parents are worried about how to balance their work and childcare if schools go online only.
Unfortunately, there hasn’t been a new family support law since spring, but there are several federal laws that may offer some relief. Here’s what working parents should know about paid leave.
The First Family First Coronavirus Response Act (FFCRA)
In March, President Trump signed into law the Family First Coronavirus Response Act (FFCRA), which offers two paid leave options to support families in a pandemic. These rules are valid from April 1, 2020 to December 31, 2020.
Shortly thereafter, the Department of Labor (DOL) issued its Final Rule , which, according to the American Bar Association , offers the most comprehensive guidance on who is eligible for paid leave. Here are more details on who may be eligible for paid leave under federal law.
Emergency Paid Sick Leave Act (EPSLA)
This rule may allow you to take two weeks (up to 80 hours) of paid emergency sick leave for two-thirds of your income (up to $ 200 a day). CNBC says you may qualify if you can’t work because you need to take care of a child whose school or daycare center is closed due to COVID-19.
According to the DOL, you may also be eligible to work if you are unable to work due to federal, state, or local quarantine or isolation orders. The same applies if your healthcare provider recommends self-quarantine or if you are experiencing coronavirus symptoms and are awaiting test results.
Emergency Family Leave and Extended Sick Leave Act (EFMLEA)
The second option, the Emergency Family Leave and Sick Leave Extension Act, amends the Family and Medical Leave Act (FMLA). The law allows some employees to take family leave and coronavirus sick leave for up to twelve weeks, ten of which are paid. To be eligible, you must be employed by the eligible company 30 days before the start of paid vacation.
Ogletree Deakins, a national law firm specializing in labor and employment, answers some of the frequently asked questions under both rules. Their website has some details on who can qualify for the EFMLEA.
According to Ogletree Deakins, there may be no other “suitable person” to care for your son or daughter during paid vacation – and the IRS may need documentation to explain “special circumstances” if your child is over 14 years old.
One more thing to be aware of: With your company’s permission, it will be possible to periodically take those ten weeks of paid vacation – and if you’ve already taken vacation in the last year under the FMLA, this will shorten the remaining time.
Which companies are exempt from paying EPSLA or EFMLEA
Unfortunately, not everyone is eligible for federal paid leave. Companies with more than 500 employees and some government officials may be exempted from these new rules. Small employers (including religious and nonprofit organizations) with fewer than 50 employees may be eligible for tax exemptions if adhering to the rules “jeopardizes the viability of the business.” Certain health care providers and ambulance workers may also be excluded. That leaves up to 106 million workers, according to the Center for American Progress , but if you think you qualify, talk directly to your employer about your options.
Explore state and local paid vacation laws
Even if your company is exempt from federal EPSLA or EFMLEA regulations, you should check your state and local level protections. Some locations have or may be adopting state or local paid sick leave programs.
Ogletree Deakins has created a comprehensive guide to state and local government paid leave laws. This guide provides details on local eligibility, screening, benefits and exclusions, and also includes a link to your laws. (You can also scroll down to see a handy chart.)