DOL: Workers whose kids can't attend summer camp can take FFCRA leave
Dive Brief:
- Employees can take paid leave under the Family First Coronavirus Response Act (FFCRA) to care for their children in instances where a child's summer camp or summer program has been shuttered due to the pandemic, the U.S. Department of Labor (DOL) said in a June 26 field assistance bulletin.
- The federal agency said a closed summer camp or program may be considered the place of care for an employee's child if the child was enrolled in the camp or program before the closure. It noted that "affirmative steps" short of actual enrollment may suffice to prove the summer program was intended to be a child's place of care.
- A summer camp or program qualifies as closed for the purpose of an employee qualifying for FFCRA leave if the camp or program is operating at a reduced capacity because of COVID-19, the agency said. For children who would have attended, the same analysis — actual enrollment or affirmative steps toward enrollment — applies.
Dive Insight:
The Labor Department said in the bulletin that "the expectation that employees take FFCRA leave based on planned summer enrollments is not different from the closing of other places of care such as a day care center." DOL says it is not adopting a one-size-fits all rule because of "the multitude of possible circumstances under which an employee may establish (1) a plan to send his or her child to a summer camp or program, or (2) that even though the employee had no such plan at the time the summer camp or program closed due to COVID-19, his or her child would have nevertheless attended the camp or program had it not closed."
If proof of a child's summer camp enrollment is not available, DOL provided several examples of ways that parents can prove a child's planned attendance in a summer program, such as:
- Proof of the submission of an application before the camp's closure.
- Proof of a paid deposit.
- Proof of prior attendance and current eligibility.
- Proof of being on a waitlist.
The agency also said that an employee who requests FFCRA leave must provide the employer information in support of the need for leave either orally or in writing. Such an explanation must include the reason for leave and a statement that the employee is unable to work because of that reason.
SOURCE: Burden, L. (29 June 2020) "DOL: Workers whose kids can't attend summer camp can take FFCRA leave" (Web Blog Post). Retrieved from https://www.hrdive.com/news/dol-workers-whose-kids-cant-attend-summer-camp-can-take-ffcra-leave/580718/
School and office closures are a logistical nightmare for working parents
While COVID-19 is affecting travel plans and workplaces, it's beginning to have school districts close down to reduce the spread of any germs to children. Although keeping the safety of children a priority, working parents are being faced with challenging situations regarding the care of their children while they are at work. Read this blog post to learn more.
Last weekend, Jannell Nolan woke up to dozens of texts: Elk Grove Unified School District had announced its decision to close all of its 67 Sacramento County schools in California for the next week after a student tested positive for coronavirus.
That sent all four of her kids — two elementary schoolers, a middle schooler and a high schooler — home for the foreseeable future and left her doing full-time childcare. Nolan works for the district, so she's staying home while her husband is working at a nearby Costco Wholesale.
“My kids have playdates planned for the rest of the week,” she said. “I’m not going to keep them locked up all week, I’ll lose my mind.”
It's not ideal, but at least the family has one parent who won’t have to negotiate work and childcare schedules.
In the U.S., having a stay-at-home parent is a luxury that’s proving even more beneficial as schools shutdown and offices send employees home. A majority of American mothers with children younger than 18 are employed and in more than 60% of married couples, both parents work, according to data from the U.S. Bureau of Labor Statistics. With relatively little parental leave, fewer sick days and rigid schedules, working parents in the U.S. have a lot to juggle even when school is in session and everyone is healthy.
Coronavirus is adding new complications for that already stretched-thin demographic. Parents are scrambling to find childcare or figuring out how to be productive at home with kids around. Others are making tough choices between a paycheck and their families’ needs. Anxieties are even creeping up in places where the virus has not yet disrupted daily life.
“People are more stressed around the logistics than the actual disease,” said Elizabeth Gulliver, a mother of one and co-founder of Kunik, a membership-based community for working parents.
Alexa Mareschal, a Salt Lake City-based attorney, said she has “no idea” what she and her husband, who also has a full time job renovating homes, would do if her kids’ daycare is closed because of the virus. She finds it nearly impossible to be productive when working at home with her toddlers. “It’s kind of like trying to wrangle cats,” she said.
If widespread childcare and school closures come to Utah, Mareschal said she and her colleagues have discussed setting up a makeshift daycare for everyone’s kids, where the oldest ones would watch the younger ones. Other than that, she has no plan. “I’ll fly in my mom, I guess?” she said.
Like Mareschal, many working parents not yet affected by school or office closures are worrying about the feasibility of family quarantines. “The idea of being cooped up in my house trying to work with my kids running around for two weeks is not making me happy,” said Rachel Cherkis, a marketing manager for EY and mother of two, who already works remotely in the Miami area full-time. “There’s definitely not enough sound-proofing in my house.”
Brooklyn-based lawyer Colleen Carey Gulliver and her banker husband have started having conversations about what they’ll do if their three-year-old’s school closes. They may have to alternate days off work to watch their toddler. In the case that they both end up quarantined at home, she “might have to rely on TV more than you would like to get some actual time alone.”
In a way, these anxieties are for the privileged: Only 29% of the American workforce can do their jobs from home. To quarantine, most workers would have to take time off and many would forgo pay. Mendy Hughes, a single mother of four, has been working at a Walmart in Malvern, Arkansas, for the past decade and now makes a little more than $11 an hour. Not only is the 45-year-old cashier concerned about getting sick with the virus herself, she’s worried about what she’ll have to do if her kids, the youngest of whom is 10, had to stay home from school.
“I don’t know what I would do if they had to be on extended leave,” said Hughes, who is also a member of the Walmart watchdog organization United for Respect. “I’m a single parent so I really can’t afford to miss work.”
The U.S. is one of the only industrialized countries without federal paid sick leave. In light of the pandemic, President Donald Trump is expected to sign an order that would give some to hourly workers. Walmart this week also tweaked its own policy and now offers up to two weeks pay to employees who contract the virus or those who have to quarantine. These programs don’t necessarily cover the illness of a child or school closures.
No matter the situation, much of the care-taking and household burdens would likely fall to women, further exacerbating gender inequality. A 2017 survey by the Kaiser Family Foundation found that working mothers are more likely to take care of sick kids than working fathers. Among mothers surveyed, about 40% said they’re the ones who take care of a sick child, compared to 10% of fathers surveyed. Women with young children also do twice as much childcare as men, according to the U.S. Bureau of Labor Statistics. They also do more cooking, cleaning, and laundry. This all contributes to the so-called “motherhood penalty,” which accounts for the bulk of the gender pay gap.
There may, however, be long-term benefits to this experiment, Gulliver, the Kunik co-founder said. She’s hopeful that this experience will change some of the harmful stereotypes around working parents that tend to hurt women.
“If you were not visibly pregnant at the office for all nine months of your pregnancy, a lot of people don’t even know that you’re a parent,” Gulliver said, explaining that’s the case for fathers, adoptive parents and step parents, among others. “Being forced to work from home and having kids pop up in the back of screens is going to show that you don’t necessarily need to hide that you have a kid.” This visibility could push employers to support the needs of employees with children.
Still employers can’t fix everything. Marketing manager Cherkis, who already telecommutes full time, said that despite the fact that her husband is the stay-at-home parent to their two kids, some things still fall to her.
“At the end of the day I’m mom, and sick kids want to be with mom,” Cherkis said. “That’s the truth of it."
SOURCE: Bloomberg News. (13 March 2020) "School and office closures are a logistical nightmare for working parents" (Web Blog Post). Retrieved from https://www.benefitnews.com/articles/school-and-office-closures-are-a-logistical-nightmare-for-working-parents
New benefit offers education help to parents of special-needs children
Originally posted September 12, 2014 by Andrea Davis on https://ebn.benefitnews.com.
Joanne Burke can’t count the number of hours she spent researching special-needs law and preparing for meetings with educators and therapists about her daughter Gabby’s individualized education plan. Gabby, eight, was born with spina bifida, a birth defect that happens in utero when a baby’s still-developing spinal column doesn’t close all the way. When she was four, Gabby was also diagnosed with a rare form of epilepsy, which caused steep cognitive regression. Today, Gabby primarily uses forearm crutches to get around and attends third grade at a public school.
It is families like Burke’s that led Adam Goldberg to launch myEdGPS, a company that helps parents of children with special needs map out an education plan for their child. It’s a program that can be offered as a standalone employee benefit, and it is also being offered through Bright Horizons, a provider of child care services as part of that company’s suite of employer offerings. The Bright Horizons program, Special and Exceptional Needs, powered by myEdGPS, will be exclusively offered to companies with more than 3,500 U.S. employees by College Coach, a division of Bright Horizons specializing in providing answers to education concerns.
Burke’s employer, an automotive parts supplier based in Michigan where Burke lives with her husband and Gabby, has been supportive of her need for flexibility. They’ve offered Burke a flex-time schedule where she starts at 6:30 a.m. and leaves the office by 2:30 p.m. to collect Gabby from school. And, when she returned to work after Gabby was born, she was able to work from home on days when Gabby had multiple medical appointments. Still, when Gabby was ready to go to school, Burke spent countless hours attempting to figure out the family’s options. While she investigated sending Gabby to a private school, in the end, the private school could not handle Gabby’s multiple needs. Through the public school system, Gabby has access to physical and occupational therapy, as well as speech therapy.
“It's just a lot of juggling. It's almost like having two full-time jobs at once,” says Burke. “The case management aspect of it can be pretty heavy at times. It's not all the time, but if there's any sort of medical issue going on, it can take up a lot more time and effort to manage all of that at once.”
After years of providing private consulting services to parents who could afford to pay for it, Goldberg, who holds a masters’ degree in education with a concentration in assessment, realized that “we were turning away 95% of folks who couldn’t afford to pay for these types of private services,” he says. “This really was the manifestation of my burning desire to democratize the model and be able to scale it through technology so that we could have an impact on millions of children and their families out there.”
One in five children struggle with some type of special or exceptional need and Goldberg estimates that translates into an impact on 10% or more of the workforce. Working parents lose up to five hours a week running around to various doctor, therapist and teacher appointments, to say nothing of the hours they spend filling out paperwork and figuring out who’s paying for what.
Goldberg likens myEdGPS to TurboTax for special education because when parents first enter the online system, they’re asked a series of questions, a virtual intake of sorts. Then, depending on how far long parents are in their journey, the system serves up a series of roadmaps designed to guide parents and give them the necessary information, depending on what their needs and goals are.
They system also includes a virtual binder that can be accessed on any mobile device to help manage and store all the documentation involved. There’s also a calendar feature, which Goldberg says is particularly useful since different states have different timelines for when certain documentation needs to be provided and to whom.
“Once the system knows your child is being educated in Ohio, for example, and you request an evaluation, the system knows to alert you that within X number of school or calendar days, based on Ohio regulations, that you should expect to hear a response back from the school and then it goes to the next step in the timeline,” he explains.
The system also includes a behavioral tracking journal for parents and a letter generator “so that you can get it right the first time when you’re requesting an evaluation from the school or an independent evaluation of the school, or requesting a team meeting to address an issue,” says Goldberg.
Bright Horizons is currently piloting the program with a handful of companies, says CEO David Lissy. It’s included in the company’s core offerings but employers can also customize the program to include in-person education onsite and/or live webinars.
And apart from helping employers with productivity issues, Goldberg says myEdGPS offers the opportunity for tangible savings on health care expenses.
“What most people don't know -- including parents, administrators, and especially employers -- is that the knee-jerk reaction is to go to the medical plan if you suspect something's going on with your child, without any knowledge that you can actually get some of these same exact services from a school,” he explains. “That's a federally mandated system. The two systems [health care and education] really don't talk to each other that well. What we're doing is we're helping empower these parents to be able to understand what their rights are and how to go about it, step by step, finding the right help in the right ways through schools.”
For example, an employee has a five-year-old child who may not be hitting certain developmental milestones. The parent’s first instinct is to take the child to the pediatrician, who then refers the child to a series of specialists. Each visit requires the parent to take time off work, the medical plan incurs costs and the employee may have co-pays to deal with.
“The reality is, at the very beginning you should also be requesting an evaluation through school, because it's free if you ask for it in the right way,” says Goldberg, adding that there’s a whole host of related services, including speech language therapy and some behavioral therapies, that are within the legal construct of the Individuals with Disabilities Education Act.
“All of this fundamentally is supposed to be free and in very many cases overlap with those medical services,” he says.
For Joanne Burke, who researched all of daughter Gabby’s educational and therapeutic needs herself, a service like myEdGPS would have been invaluable. “If I had access to a resource like this it would free up valuable time to address other issues,” she says. “The law is complex and learning how it affects our daughter as well as learning about accommodations and assistive technology is constantly in the back if my mind.”
