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School is Physically Closed – But Learning is On. Does FFCRA Leave Apply?

The Families First Coronavirus Response Act (FFCRA) requires covered employers – those with 500 or fewer employees – to provide eligible employees with up to two weeks of paid sick leave and up to twelve weeks (ten of which are paid) of expanded family and medical leave for specific coronavirus related issues. Included is leave for employees if they are unable to work or telework due to a need to care for their child whose school or place of care is closed due to COVID-19 related reasons.[1] However, what is considered “closed” for purposes of the law? What if school will resume but be completely or partially virtual?

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