This week the $900 billion federal coronavirus relief bill was signed into law, and among its voluminous provisions is new language addressing the Families First Coronavirus Response Act (FFCRA).

Starting January 1, 2021, employers, including school districts, are no longer required to provide up to 80 hours of emergency paid sick leave, or up to 12 weeks of leave for childcare issues (with the first two weeks being unpaid leave or emergency paid sick leave, and the next 10 weeks being partially paid expanded family and medical leave). However, under the new law, private employers that choose to allow employees to take leave under the FFCRA framework will continue to be eligible for a payroll tax credit from January 1 through March 31, 2021. However, public employers (including schools) have not been and continue to be ineligible for the tax credit.

As a result, public school districts’ FFCRA mandate expires December 31, 2020. Schools should expect questions from employees and labor unions regarding this issue, and should consider planning now regarding how COVID-19-related leaves will be handled.