Changes by the pandemic are here to stay, specially regarding distance learning and parent eligibility for a leave of absence.

The COVID-19 pandemic required very hasty adjustments to all aspects of life. Suddenly, workplaces and schools shuttered, forcing everyone into their homes. Companies and governments scrambled to provide guidance as to how existing and new laws and regulations were to manage these changes. Even as countries, states, and localities navigate reopening, a lot of questions remain, and it appears that some of the changes caused by the pandemic are here to stay. One of those is regarding distance learning and parent eligibility for a leave of absence.

Understanding the rights of your employees when it comes to supporting their children’s home or hybrid learning is incredibly complex. Companies that misread these regulations open themselves up to financial difficulties and lawsuits. What is more, many companies are entitled to full or partial governmental compensation for accommodating employees’ leaves of absence for distance learning.

Use this guide to develop policies that not only comply with the current laws, but also support your business and employees.

Major Pieces of Legislation

There are a few major pieces of legislation that are governing leaves of absences due to distance learning:

FMLA and E-FMLA (Expanded-Family Medical Leave Act). FMLA has been law since 1993 but has perhaps never been as important as it is now. It entitles employees to job protection for a defined set of time (typically 12 weeks for full-time employees) while they care for themselves or a family member through a medical crisis. It applies to guardians whose children have lost in-person school or childcare due to the pandemic.

FFCRA (Families First Coronavirus Response Act). Among other things, FFCRA entitles staff of businesses with less than 500 employees to emergency paid sick leave (EPSL) for up to two weeks if their children’s school closes due to COVID-19.

Local ordinances. Many localities have also passed similar legislation that extends the coverage provided by EFMLA and FFCRA. It applies to the jurisdiction in which staff works, not where they live.

Understand How it Applies to You

Many factors will impact if and how these regulations apply to you and your staff. It is important to read through the legislation or consult an attorney to be sure you understand these intricacies. Some basic factors include:

The size/number of employees of your company
Where employees work (state, county, town/city)
Whether or not staff can do their jobs remotely
Whether your workplace is able to open for in-person work
Whether or not your business is considered essential

Develop a System for Documenting a Leave of Absence

Employers can require staff to document their child’s school closure requiring distance learning. Your human resources staff should develop a uniform system for documenting eligibility and keeping track of time used for all staff. You don’t want to require something of one staff that isn’t required of others, since that could be interpreted as discrimination. What is more, careful documentation makes reimbursement easier and protects you and your employees in a number of scenarios.

Be Ready to Answer FAQs

These benefits will typically only apply if in-person instruction is unavailable; parents cannot receive benefits if they opt to keep children at home.
Employees can use benefits intermittently, so if their child’s school opens and then closes again, they are covered. Also, if their child can only attend school a certain number of days each week, they are also covered.
Employees cannot be forced to use their employer’s sick leave or vacation/PTO hours before these benefits.
Employees are eligible for EPSL immediately and EFMLA after 30 days of employment.
EPSL and EFMLA are different from unemployment benefits.

Offer Flexible Options and Be Prepared for More Change Regarding Distance Learning

The more flexible you can be, the better. If you’re able to offer employees remote work hours outside of the hours that children are attending school, your employee may be obligated to accommodate that. It saves you money and energy trying to find someone to temporarily do the job that they typically perform.

There are other ways that you might be able to offer flexibility to employees, and those depend on your industry and business itself. Now is the time to be creative, but also be uniform and clear. Define the terms of particular accommodations and extend them to all qualifying staff.

In addition, prepare your business for more to come in the future. Everything is in flux, and the likelihood that more change is coming is high, both from government and regulatory entities, schools, and the virus itself.

The Bottom Line: Work with Your Employees and They Will Work with You

The bottom line here is that being accommodating and flexible can save you time and money in a number of ways. Even more importantly, the pandemic has created chaos across all areas of life. Supporting the people in our circles through this difficult time is the right thing to do. You will be glad you did when you come out the other side with a more loyal, happy, and safe workforce.

Distance Learning Leave of Absence