Coronavirus Resources for Schools

HR 6201 Requires School and Community College Districts to Grant Paid Leave Due to COVID-19

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www.aalrr.com Updated -- HR 6201 Requires School and Community College Districts to Grant Paid Leave Due to COVID-19 ATTORNEYS Tina L. Kannarr Senior Counsel tkannarr@aalrr.com 562-653-3200 Aaron V. O'Donnell Partner aodonnell@aalrr.com 562-653-3200 03.20.2020, updated 03.25.2020, updated 3.30.2020 UPDATE, March 30, 2020: The US Department of Labor has again updated the Questions and Answers guidance to address additional scenarios/questions, including, of particular note, intermittent leave. With respect to intermittent leave, the US DOL guidance indicates: ● Expanded FMLA leave may be taken on an intermittent basis so long as the employer approves it. ● Emergency Paid Sick Leave can be used on an intermittent basis so long as the employer allows it and the employee is teleworking. ● An employee who is working at a site (as opposed to teleworking) and requests to use Emergency Paid Sick Leave on an intermittent basis to care for a child whose school or childcare is closed or unavailable "due to COVID-19 precautions," may do so only if the employer agrees. ● Emergency Paid Sick Leave cannot be taken on an intermittent basis and must be taken in full-day increments for reasons related to the employee's own quarantine/isolation, symptoms, or because caring for someone subject to quarantine/isolation. The US DOL notes that the intent of FFCRA is to provide such paid sick leave as necessary to keep the employee from spreading the virus to others. In these situations, the employee must continue to take paid sick leave each day until either (1) the employee uses the full amount of paid sick leave or (2) no longer has a qualifying reason for taking paid sick leave. Any remaining emergency sick leave can be used at a later time until December 31, 2020, if another qualifying reason occurs. Alerts & Articles

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