The U.S. Department of Labor (DOL) issued updated guidance with answers to questions about how the paid leave requirements under the Families First Coronavirus Response Act (FFCRA) applies to parents whose children are engaged in remote learning this fall ( see questions 98-100 in the DOL guidance). 

 In schools operating on a hybrid system alternating days or weeks of in-person and remote learning, parents are eligible for FFCRA leave on days when their children are engaged in remote learning, since schools are deemed "closed" on those days. The guidance provides that parents are not eligible for FFCRA leave if they choose a remote learning option for their children when schools are offering the option of hybrid or in-person learning since schools are not "closed." 

 The guidance suggests, however, that these parents may be eligible for FMLA on the days when their children would otherwise be learning remotely in a hybrid system. Finally, in school systems that are temporarily using only remote learning but may switch to a hybrid or in-person system later in the school year, parents are eligible for FFCRA leave during the period when all learning is taking place remotely. 

 The FFCRA mandates paid leave for most employees in nonprofits under 500 employees, with some exceptions, when their children's school is closed or when childcare is unavailable due to COVID-19 and that employee is unable to telework. 

 See analysis of the FFCRA.