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

        What Employers Need to Know About The Families First Coronavirus Response Act – An Animation

        by Tawny L. Alvarez on October 20, 2020

        Navigating the ins and outs of the Families First Coronavirus Response Act (FFCRA) can be difficult for employers. This animation seeks to illustrate some of the most important takeaways.

        Transcript:

        Hi, I’m Tawny, a partner in Verrill’s Labor & Employment Practice Group. The Families First Coronavirus Response Act provides relief for many employees who may have a need to be out of work to care for children whose school or care provider is closed as a result of COVID-19. As children begin the process of returning to school, however, the different models and structures being employed by school districts creates confusion for employers as how to calculate time away from work that is protected by the Families First Coronavirus Response Act.

        Here are some things that you need to keep in mind during the process. First, the Families First Coronavirus Response Act provides employees with up to 12 weeks paid sick leave and expanded family and medical leave, paid at two-thirds of the regular rate of pay up to $200 daily and $12,000 total if the employee is caring for their children or child whose school or place of care is closed or unavailable for COVID-19 related reasons.

        Second, the Families First Coronavirus Response Act leave is available only if the employee is unable to work, which means unable to work at the job site or to telework because of these childcare issues.

        Third, the Depart of Labor has clarified how to deal with hybrid return to school models. Noting that if an employee’s child is not permitted to attend school in person and must engage in remote learning, that if the employee is actually caring for their child during the remote learning time and no other suitable person is available to do so, the employee will be entitled to families first coronavirus response leave on the remote learning days.

        Fourth, if the employee’s child’s school is open, but the parent has chosen to participate in a remote learning program or option. In that situation the school is not closed or unavailable under the Families First Coronavirus Response Act and protected leave would not be available.

        Finally, if the employee’s school is only offering remote learning, so if their child’s school is only offering remote learning, all time that is spent actually caring for their child during that remote learning time, when no other suitable person is available to do so, will be protected leave under the Families First Coronavirus Response Act.

        So, considering these factors, here is some helpful advice concerning things you can do to navigate the complex nature of the Families First Coronavirus Response Act as students begin to return to school. First, when an employee indicates that they have a need for leave under the Families First Coronavirus Response Act, ask follow up questions concerning the district’s return-to-school plan and what days the child or children will be learning remotely versus in person. Second, confirm with the employee their need to provide care to the child and confirm that there is no other suitable person available to do so. Third, determine whether the employee can work remotely during the time or whether physical presence at a work site is an essential function of the employee’s position. Fourth, identify the amount of Families First Coronavirus Response Act time that the employee has available. If they have already taken Families First Coronavirus Response Act or Family and Medical Leave Act leave, or they’re not full-time employees they would not have 480 hours or 12 weeks of leave available.

        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

        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...
        Blog

        Hurry Up and Wait

        This is the third in a series of Verrill blog posts on Maine’s packaging extended producer responsibility (“EPR”) law[1]. In July we reported...
        Media Mentions

        Robert Keach Discusses First Brands Chapter 11 Case in Law360

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the rejection of First Brands Group's Chapter 11 plan and the...
        Media Mentions

        Cybersecurity and AI Governance: Scott Anderson Featured in Massachusetts Lawyers Weekly

        Verrill Managing Partner Scott Anderson was recently featured in Massachusetts Lawyers Weekly discussing how law firms can build attorney buy-in for...
        Blog

        Section 530A Account Update: ERISA Status of Trump Accounts

        The Department of Labor has issued important guidance addressing whether employer programs that permit contributions to Section 530A accounts (and...
        Press Releases

        97 Verrill Attorneys Recognized by Best Lawyers® 2027, Including Four Named Lawyers of the Year

        AUGUSTA, Maine, BANGOR, Maine, BOSTON, Mass., PORTLAND, Maine, and WESTPORT, Conn., (August 20, 2026) – Verrill is proud to announce that 97...
        Alerts and Newsletters

        SEC’s Proposed “Reg Crypto”: What Founders Need to Know

        Startup founders and emerging-growth companies have a number of options for raising capital under the federal securities laws, including Regulation D...
        Blog

        After 45 Years, the IRS Speaks on DCAP Nondiscrimination Testing – And It’s Good News

        Employers that provide a Dependent Care Assistance Program will be pleased to learn that for the first time in 45 years, the IRS has issued guidance...
        Media Mentions

        U.S. Courts Highlights Annabel Rodriguez’s Journey from Fellow to Mentor

        Verrill attorney Annabel Rodriguez was featured in a recent U.S. Courts article titled “From Fellows to Mentors: Alumni Share Lasting Lessons from...
        Media Mentions

        Robert Keach Discusses Bankruptcy Auction Strategy in Law360

        Verrill attorney Robert Keach spoke with Law360 article examining the complex bankruptcy auction process that resulted in the sale of 23 summer...