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With Summer Vacation on the Way, Are Employees Still Entitled to Childcare Leave under EFMLEA?

Client Alert

Distance learning/homeschooling is finally starting to wrap-up for millions of students across America, a perhaps welcomed end for many, and summer vacation will soon begin. Your employees may have questions as to whether they qualify for child care leave under the expanded FMLA (“EFMLEA”), which many employees used over the last few months to receive partial compensation while they were away from work to care for their children. Now, employers with fewer than 500 employees must take note of additional guidance recently published concerning qualification for childcare leave.

Recently, the Department of Labor (“DOL”) provided guidance on this question:

"Can employees take paid leave to care for a child under the EFMLEA or the paid sick leave under the child care provisions of Emergency Paid Sick Leave Act (“EPSLA”) when school is closed for summer vacation?"

The DOL stated no. Paid leave under EFMLEA and EPSLA are not available to provide child care “if the school or child care provider is closed for summer vacation, or any other reason that is not related to COVID-19. However, the employee may be able to take leave if his or her child’s care provider during the summer - a camp or other programs in which the employee’s child is enrolled - is closed or unavailable for a COVID-19 related reason.” Meaning, an employee who requests leave because schools or childcare providers are closing for the summer, is not eligible for the emergency childcare leave. 

If you have any employees who are using the paid childcare leave because they have been unable to work due to homeschooling or home childcare requirements, the employer has been receiving tax credits for those payments. However, once school is no longer in session, the paid childcare leave is no longer applicable, and the employer will not be entitled to credits for any payments. For this reason, the employer needs to stop the childcare payments.

Please also keep this in mind for any childcare leave requests over the summer. A school or daycare that is closed for summer vacation does not qualify for COVID-19 emergency leave. However, employees may still be eligible for childcare leave over the summer if a child’s normal, summer childcare provider is closed for a COVID-19 related reason, such as summer camp closures. 

We recommend that all employers review this issue with any employees who are currently out on emergency childcare leave. As always, please do not hesitate to contact us with any additional questions or concerns.

Bryan Meek is a member of Brennan, Manna & Diamond’s Labor & Employment team and is available to assist you with responding to requests for information and/or appealing unfavorable unemployment decisions. Bryan can be reached at 330.253.5586, or bmeek@bmdllc.com.


Community Banks: Collaboration, not isolation, is the key to protecting/ enhancing the cannabis business you pioneered

As we prepare for the plenary session of the informal institutional cannabis lenders community announced in my previous article, I am pleased to advise that participants now include 5 of the best-known dedicated loan funds; a select group of commercial banks ranging in size from single state community banks to mid-size regionals making cannabis loans into the mid-8 figures; and, a syndicator of credit union cannabis loans.

Inflation Reduction Act: Healthcare Provisions

On August 16, 2022, President Joe Biden signed into law the Inflation Reduction Act (the “Act”), a landmark climate, healthcare, and tax bill. Though the Act’s climate provisions have received most of the media attention, the healthcare aspects of the Act present some of the most significant changes to the American healthcare system since the passage of the Affordable Care Act.

The Current State of Assignment of Benefits Litigation in Florida

On May 25, 2022, Florida lawmakers approved property insurance reforms that remove attorney’s fees, with respect to assignment of benefits (“AOB”) property insurance litigation. One-way attorney’s fees are a longstanding problem in Florida and the reforms come at a time when AOB litigation increasingly affects homeowners in a negative way.

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Ohio Senate Bill 225 Paves the Way for Greater Investment in Opportunity Zones and Historic Districts

Ohio Senate Bill 225 is poised to make dramatic enhancements to certain tax credit programs in Ohio, specifically those surrounding investments in “Opportunity Funds” and historic buildings. Signed into law by Governor Mike DeWine in June 2022, the Bill is positive news for real estate developers working to revitalize Ohio communities with investment and rehabilitation projects.