Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

With Summer Vacation on the Way, Are Employees Still Entitled to Childcare Leave under EFMLEA?

Client Alert
May 13, 2020

Distance learning/homeschooling is finally starting to wrap-up for millions of students across America, a perhaps welcomed end for many, and summer vacation will soon begin. Your employees may have questions as to whether they qualify for child care leave under the expanded FMLA (“EFMLEA”), which many employees used over the last few months to receive partial compensation while they were away from work to care for their children. Now, employers with fewer than 500 employees must take note of additional guidance recently published concerning qualification for childcare leave.

Recently, the Department of Labor (“DOL”) provided guidance on this question:

"Can employees take paid leave to care for a child under the EFMLEA or the paid sick leave under the child care provisions of Emergency Paid Sick Leave Act (“EPSLA”) when school is closed for summer vacation?"

The DOL stated no. Paid leave under EFMLEA and EPSLA are not available to provide child care “if the school or child care provider is closed for summer vacation, or any other reason that is not related to COVID-19. However, the employee may be able to take leave if his or her child’s care provider during the summer - a camp or other programs in which the employee’s child is enrolled - is closed or unavailable for a COVID-19 related reason.” Meaning, an employee who requests leave because schools or childcare providers are closing for the summer, is not eligible for the emergency childcare leave. 

If you have any employees who are using the paid childcare leave because they have been unable to work due to homeschooling or home childcare requirements, the employer has been receiving tax credits for those payments. However, once school is no longer in session, the paid childcare leave is no longer applicable, and the employer will not be entitled to credits for any payments. For this reason, the employer needs to stop the childcare payments.

Please also keep this in mind for any childcare leave requests over the summer. A school or daycare that is closed for summer vacation does not qualify for COVID-19 emergency leave. However, employees may still be eligible for childcare leave over the summer if a child’s normal, summer childcare provider is closed for a COVID-19 related reason, such as summer camp closures. 

We recommend that all employers review this issue with any employees who are currently out on emergency childcare leave. As always, please do not hesitate to contact us with any additional questions or concerns.

Bryan Meek is a member of Brennan, Manna & Diamond’s Labor & Employment team and is available to assist you with responding to requests for information and/or appealing unfavorable unemployment decisions. Bryan can be reached at 330.253.5586, or bmeek@bmdllc.com.

EFMLEAFMLAhomeschoolEPSLAcoronavirusCOVID-19child careemergency child care leaveDOLBryan MeekEmployement Lawchildcare leave
Client Alert

Starting an Advanced Practice Provider Practice

May 13, 2024Advanced practice providers (APPs), which includes non-physician providers such as nurse practitioners, physician assistants, and nurse anesthetists, commonly start their own healthcare practices. Practices may provide, for example, service offerings such as primary care, anesthesiology, mental health, and aesthetics (medical spas). However, there are a number of considerations and steps that must be taken for APPs to compliantly function independently.Client Alert

FTC Increases Targeting of Companies Lacking Cyber Protection

May 13, 2024The Federal Trade Commission (FTC) recently released a comprehensive cybersecurity report outlining key findings and recommendations based on emerging threats, trends in data breaches, and strategies for businesses to enhance their cybersecurity posture observed over the last year.Client Alert

New Federal Medical Conscience Rule and Its Implications

May 13, 2024The Department of Health and Human Services Office for Civil Rights issued a Final Rule to clarify protections for healthcare providers who refuse services based on religious or moral beliefs. This includes protection against discrimination for refusing procedures like assisted suicide or abortion. The OCR can receive complaints, conduct investigations, and enforce these protections. Entities are encouraged to update policies accordingly and display a model notice provided by the OCR.Client Alert

Marijuana Reclassification and APRN/PA Prescribing

May 7, 2024Marijuana is expected to be reclassified by the Drug Enforcement Administration (DEA) from a Schedule I controlled substance to a Schedule III controlled substance as a result of efforts by the Biden administration.Client Alert

Federal Trade Commission Voids Non-Compete Agreements Nationwide

April 30, 2024On April 23, 2024, the U.S. Federal Trade Commission (“FTC”) issued its Final Rule containing regulations impacting non-compete agreements across the country for all employees. The Final Rule implements some of the most impactful changes to employment law during this century. The Final Rule will take effect 120 days from its publication in the Federal Register, which we expect to occur within the next few weeks.
Older posts