DOL Issues Guidance on FFCRA Leave for Summer Camp Closures

Investigators Will Consider Evidence of a Plan for the Child to Attend Program

The U.S. Department of Labor (DOL) has issued Field Assistance Bulletin 2020-4, clarifying when employees may take paid leave under the Families First Coronavirus Response Act (FFCRA) for the COVID-19-related closure of a summer camp, summer enrichment program or other summer program. The bulletin was issued June 26, 2020.

The FFCRA allows eligible employees to take leave from work when child care is unavailable for the employee’s child for COVID-19 reasons. This includes closure of summer camps and enrichment programs. During a DOL Wage and Hour Division investigation, in evaluating whether an employer improperly denied FFCRA leave, the bulletin directs DOL personnel to consider whether there is evidence of a plan for the child to attend the camp or program, or whether it is more likely than not that the child would have attended the camp or program had it not closed.

The bulletin says the “multitude of possible circumstances” precludes a one-size-fits-all rule. However, the bulletin mentions as indicators of a plan for a child to attend a summer camp or program the child's current enrollment in, recent prior attendance at, or acceptance on the waitlist of, the program. For more information, please contact the DOL Wage and Hour Division.

Source: HR360