Posted on June 29, 2020
The U.S. Department of Labor (DOL) issued a Field Assistance Bulletin (FAB No. 2020-4) on June 26, 2020 regarding FFCRA Leave based on the closure of summer camps, enrichment programs and other summer programs.
The bulletin provides guidance to Wage and Hour Division investigators, confirming that summer camps and summer enrichment programs may be included as a "place of care," which was noted in the original act:
"FFCRA leave may be taken if the employee is unable to work or telework due to a need to care for his or her child whose place of care is closed due to COVID-19 related reasons. 29 C.F.R. § 826.20(a)(v), (b). A 'place of care' is a physical location in which care is provided for the employee's child while the employee works and includes summer camps and summer enrichment programs. Id. § 826.10(a)."
Remember, employees requesting this leave must provide information to the employer, either orally or in writing, to support the need for leave, including the name of the child, name of the place of care, and a statement that no other suitable person is available to care for the child.
The specific summer program could be one for which the child applied or was already enrolled in before it closed, or if the child attended the camp or program in prior summers and was eligible to attend again.
The full bulletin can be found here.
If you have further questions, please contact one of our labor & employment attorneys.