ROANOKE, Va. – Figuring out how to balance working while kids are learning remotely or on a hybrid schedule can be difficult. It could be even harder if there’s a sudden change of plans like we saw this week in Radford, when they shut schools down for the week. No matter how your child is learning these are challenging times for all of us.
We’re working for you on what your rights are under the law.
“What you would hope is your employer would be willing to work with you,” said Todd Leeson, a Partner with Gentry Locke Attorneys who represents employers.
He says a federal law that took effect in April can help. Leeson says the Families First Coronavirus Response Act covers two main things:
- Paid sick leave up to 80 hours if you have to miss work for a COVID related reason -- for example, you’re told to quarantine
- The emergency or enhanced family and medical leave act cover 12 weeks of pay at two-thirds of your pay for things like missing work because you have to care for a child or someone else who is sick
So what does that mean for students who aren’t actually in the classroom? Leeson says there are three examples:
- If your school is closed and students can only take classes online that qualifies if there is no one else who can care for your child
- If your child is on a hybrid schedule you can take time off on the days they’re remote, but not on the days they go to school
- If you have a choice on sending your child to school and you keep them home, Leeson says the Department of Labor has not yet answered that question but he thinks they know the answer
“You had the option to send your child to school. Even if you might feel anxious or feel your child is in a risk factor if the school is open and you choose to have your child learn remotely you probably will not qualify for the Family Medical Leave Act,” said Leeson, who expects more guidance from the Department of Labor in the next few weeks.
Leeson is telling companies to be creative with employees doing things like intermittent leave or letting them work different hours where the can take leave for part of the day and work for their full pay at a different time.
“Try and understand these are unusual times. While you don’t want to be taken advantage of, these are real issues with parents wanting to care for their children,” said Leeson.
All of this applies to companies with less than 500 employees and there are some exceptions for businesses with less than 50 employees.
“There are somewhat confusing tests for the 500 or more threshold. If you’re part of a truly separate entity that has under 500 you’re covered. If you’re part of just a division and it’s still your employer has well more than 500 employees then you’re not covered,” said Leeson.