Can I get emergency leave to watch my kids if my daycare closed?

The situation

I live in Ohio and I am reaching out because I am in a really tough spot with my job and my kids. My daughter's elementary school was suddenly closed due to the local COVID-19 emergency declarations, and my regular daycare provider, who I pay every week, is also unavailable because of the same situation. I need to stay home to care for my 7-year-old, but I am worried about my employment status. I was actually laid off from my company back in April 2020, but they just rehired me two weeks ago after a brief period of unemployment. Before that layoff, I had worked for this same employer for about five months straight. I already spoke to my supervisor about taking some time off to handle this childcare crisis, but they mentioned that since I haven't been back for very long, I might not qualify for any kind of protected leave. I am trying to figure out if my previous time with the company counts toward my eligibility or if the fact that I was laid off and then rehired resets my clock to zero. Does my recent rehire combined with my past tenure mean I am eligible for leave to care for my child while the school is shut down?

Detailed Analysis

Under the Family and Medical Leave Act, specifically regarding public health emergencies, you may be eligible for leave to care for your 7-year-old because their school closed due to COVID-19 declarations^[1]. This type of leave is for a "qualifying need related to a public health emergency," which means you are unable to work because a school or childcare provider is unavailable due to a declared emergency^[1].

Your supervisor is concerned because you were only rehired two weeks ago. However, the law provides a special rule for people in your exact situation. For this specific type of emergency leave, an "eligible employee" is defined as someone who has been employed for at least 30 calendar days^[1]. The law further clarifies that this includes employees who were laid off not earlier than March 1, 2020, provided they worked for the employer for at least 30 of the last 60 days before the layoff and were subsequently rehired^[1]. Since you worked for five months before your April 2020 layoff, your previous tenure counts toward your eligibility.

Regarding pay, the law states that "The first 10 days for which an employee takes leave... may consist of unpaid leave"^[1]. After those first 10 days, your employer is required to provide paid leave, though there are limits on how much they must pay (not more than $200 per day and $10,000 total)^[1].

It is uncertain if your specific employer meets the size requirements to be covered by this law. The law applies to employers with "fewer than 500 employees" for this specific emergency provision^[1].

Please note that Ohio state laws or local regulations may provide additional protections or different leave requirements.

Statutory Citations

Related Questions

• Can I take time off to care for my sick parent without losing my job?
• How much time off can I take to care for my sick parent?
• Can my state's leave laws give me more time off than the federal rules?