Understanding the Emergency Family and Medical Leave Expansion Act

  • by AGD Staff
  • Sep 28, 2020
9-28-20_NewSchoolYear_BThe start of a new school year during the COVID-19 pandemic has raised a whole new set of challenges and uncertainties for teachers, students, parents and guardians. The situation remains fluid across the country and is expected to remain so for the rest of 2020.

Many AGD members have school-aged children, and they are well aware of the stress this situation is having on families. The impact also affects dentists as employers; they must comply with the Family First Coronavirus Response Act (FFRCA), which includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act.

AGD members have reached out for guidance on whether their employees are eligible for FFRCA programs in specific childcare-related scenarios. The U.S. Department of Labor has an extensive and comprehensive Q&A document that walks through the many variables in the determination of whether, for what duration and at what level of payment an employee is eligible for FFRCA programs. AGD highly recommends this resource.

The short answer is that if a school or daycare is closed (totally online), then a parent is eligible as long as they meet the other requirements, which include having no other childcare available. If the school provides an option of in person, online or hybrid, the parent is not eligible. If the school requires hybrid, the parent is eligible for the days that the student is learning online if other requirements are met.

FFRCA requires that employers display a workplace poster informing employees of their rights under FFRCA. FFRCA paid leave provisions expire Dec. 31, 2020.