June 29 Tip of the Week

The Department of Labor (DOL) recently published guidance clarifying that employees may use FFCRA paid family leave if the employee is unable to work or telework because a child’s summer camp or similar place of care is closed due to COVID-19.  In order to justify the need for leave, the employee must produce some evidence that their child was enrolled in a summer camp or similar program such as an enrollment confirmation, a submitted application, or evidence the employee made a financial deposit.  An employee’s interest in having their child attend a summer program is not sufficient; rather, the employee must be able to show the child was likely to have attended a program had COVID-19 not caused a shutdown.  Employers need to be careful in applying FFCRA leave as the DOL has promised aggressive enforcement of FFCRA leave entitlements.  Seek assistance from our team of attorneys for all of your FFCRA-related questions.