COVID-19 & Your Business: Frequent Questions

Under what circumstances may an employee take leave under the EPSLA or the EFMLEA to care for a son or daughter whose school or place of care has been closed, or whose child care provider is unavailable, for reasons related to COVID-19? (29 C.F.R. § 826.20(a)(8), 29 C.F.R. § 826.20 (b), 29 C.F.R. § 826.100(a),(e))

An employee who is unable to work or telework because of a need to care for his or her son or daughter whose school or place of care has been closed, or whose child care provider is unavailable, for reasons related to COVID-19 may take EPSLA or EFMLEA leave if no other suitable person is available to care for the son or daughter during the period of such leave. A suitable person may be a co-parent, co-guardian, or the son or daughter’s usual childcare provider.

The notice requirements for taking EPSLA or EFMLEA leave are discussed in greater detail in question no. __. However, to summarize, in order to take leave for this qualifying event, the employee must provide the employer with documentation containing the following information:

(a) the employee’s name;

(b) date(s) for which leave is requested;

(c) the qualifying reason for leave;

(d) a statement that the employee is unable to work because of a qualified reason for leave; and

(e) the name of the son or daughter being care for; the name of the school, place of care, or child care provider that has closed or become unavailable; and a representation that no other suitable person will be caring for the son or daughter during the period for which the employee takes the leave.

Last updated April 9

These materials are made available by Jackson Walker for informational purposes only, do not constitute legal or medical advice, and are not a substitute for legal advice from qualified counsel. The laws of other states and nations may be entirely different from what is described. Your use of these materials does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.