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

        Alerts and Newsletters

        Maine’s New Employer Surveillance Law, 26 M.R.S. § 620-A

        Effective July 14, 2026 Maine employers that electronically monitor employees must comply with a new disclosure law effective July 14, 2026. Under...
        Press Releases

        Verrill Recognized by U.S. News as One of the Best Law Firms to Work for in 2026

        BOSTON, Mass., BANGOR and PORTLAND, Maine, GREENWICH and WESTPORT, Conn., – Verrill has been featured on U.S. News’ 2026 Best Companies to Work...
        Blog

        SECURE 2.0 Roth Catch-Up Rules and the 403(b) 15-Year Catch-Up: What Tax-Exempt Employers Need to Know

        Tax-exempt employers whose 403(b) plans offer catch-up contributions for participants age 50 and above should be well on their way to compliance with...
        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...
        Blog

        Run Don’t Walk: The Implication of “While Supplies Last” Prize Promotions

        This month a big-chain grocery store has been offering daily mystery boxes during specific timed drops on a first-come, first-served basis, to users...
        Blog

        Maine’s Noncompete Statute is Reshaped for Health Care Workers: What You Need to Know

        Employers of individuals who are licensed under state law to perform, or provide, health care services in the State of Maine should be prepared for...
        Media Mentions

        Steven Davis Featured in the Environmental Business Journal

        Steven Davis, President of Verrill Strategic Consulting, was recently interviewed and featured in the Environmental Business Journal, Volume 39...
        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...