Taking Care of HR Business
        A blog from the attorneys of Verrill

        School is Back in Session, But Are Employees? Navigating the FFCRA in the Midst of Schools Reopening

        by Tawny L. Alvarez on August 28, 2020

        Summer is coming to end, but not all students are heading back to the classroom. Many parents are facing the decision of whether to send their children to school in-person, enroll them in remote classes, change to a home-schooling model, and/or figure out how to balance limited school schedules. On August 27, 2020, the U.S. Department of Labor published updates to the Families First Coronavirus Response Act (FFCRA) FAQs to address questions about eligibility for paid leave under the FFCRA. Below, we outline the most significant pieces of guidance for employers.

        Three new FAQs are included on the site and outlined below. In addition, however, we remind employers that if the employee has already exhausted their FFCRA leave they would not be entitled to additional leave just because a new school year is beginning.

        1. Employee’s child is back to school on a hybrid basis (partial in person learning and partial remote learning): An employee would be entitled to take paid FFCRA leave on the days in which the employee’s child is not permitted to attend school in person, and must instead engage in remote learning, as long as the employee is actually caring for their child during the time and no other suitable person is available to do so. Under the FFCRA, the DOL notes that the “school is effectively ‘closed’” to the employee’s child “on days that he or she cannot attend in person” and accordingly employees may use FFCRA on their child’s remote-learning days.
        2. Employee’s child is provided with the opportunity to have in person learning, but the employee has chosen to participate in a 100% remote learning schedule: An eligible employee is not entitled to take any paid FFCRA leave as the school is not “closed,” but instead is “open for [the employee’s] child to attend, but the employee has “chosen for the child to remain home.”
        3. Employee’s child is provided with the opportunity to have a hybrid education (partially in person and partially remote), but the employee has chosen to participate in a 100% remote learning schedule: An eligible employee is entitled to take paid FFCRA leave on the dates in which the child are required to learn remotely (if the employee is actually caring for their child during this time and no other suitable person is available to do so), but would have to take unpaid leave on the dates in which the school is open for in person learning but the employee has opted to continue with remote learning.
        4. Employee’s child is back to school on a 100% remote basis: The employee is eligible for paid leave under the FFCRA if the employee is actually caring for their child during the time and no other suitable person is available to do so.

        Employers are set to face new challenges that they will need to navigate not only at the start of the school year, but also as the semester continues and new outbreaks, schedule changes, and other issues arise. Please contact Tawny Alvarez or another member of Verrill’s Employment & Labor Group if you have questions regarding how the reopening of schools will impact your business specifically.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Key Contact

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Blog

        Working 9 to 5? It’s a Way to Make a Livin’, so Make Sure You’re Payin’ for Every Minute: A Maine Employer’s Guide to Stacked Wage & Hour Rules

        Four decades after Dolly Parton gave us both the namesake anthem of the American workday and the film about three fed-up office workers’ dreams of...
        Alerts and Newsletters

        Can AI Pass the Doctor Test? FDA Considers Physician-Inspired Evaluation of GenAI Devices and Other Regulatory Measures

        AI is entering healthcare with indomitable will. It promises to increase efficiency, reduce administrative burden (which healthcare providers so...
        Press Releases

        Verrill Attorney Annabel Rodriguez Named Top Women of Law by Massachusetts Lawyers Weekly

        BOSTON, Massachusetts – Verrill attorney Annabel Rodriguez has been recognized as a Top Women of Law by Massachusetts Lawyers Weekly, and will be...
        Blog

        What Employee Benefits Lawyers Do (and How to Make the Best Use of Us)

        What do employee benefits lawyers do all day and how can clients make the best use of them? This post offers an overview of the kinds of things...
        Media Mentions

        Bloomberg Law Quotes Robert Keach on Expanded Access to Small Business Reorganization

        Verrill attorney Bob Keach was recently featured in Bloomberg Law, discussing legislation that would raise debt limits for bankruptcy relief and...
        Blog

        Phil Bartlett to Step Down as Chair of the Maine Public Utilities Commission

        On September 15, 2026, Governor Janet Mills announced that Phil Bartlett will step down as Chair of the Maine Public Utilities Commission (PUC)...
        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...