COVID-19: FAQs on Paid Leave and PUA Eligibility as Schools Reopen

Last evening, the U.S. Department of Labor published guidance concerning eligibility for paid leave and Pandemic Unemployment Assistance related to the reopening of schools.

The Wage and Hour Division (WHD) released Frequently Asked Questions (FAQs) for workers and employers about qualifying for paid leave under the Families First Coronavirus Response Act (FFCRA). The new FAQs explain eligibility for paid leave relative to the varied formats and schedules schools have announced as they plan to reopen, including blending in-person with distance learning. WHD is providing this information to explain the benefits and protections available under both the paid sick leave and the expanded family and medical leave provisions of FFCRA.

In addition, the Employment and Training Administration (ETA) released guidance that provides states with information regarding the eligibility of individuals who are caregivers for Pandemic Unemployment Assistance (PUA) under the CARES Act.

The ETA guidance explains when parents and caregivers may be eligible for PUA under various circumstances related to their child’s school’s reopening plans. More specifically, the guidance explains how states should evaluate an individual’s eligibility for PUA when a child or other person in his or her household for whom the individual is the primary caregiver attends a school operating on an alternate day basis; the individual chooses remote learning for his or her child when in-person instruction is available; and the school remains closed as a direct result of the coronavirus.

The USDOL encourages you to forward this information to appropriate stakeholders.