​Currently, there are no changes to the reasonable assurance provisions of the law. Reasonable assurance is the provision in Unemployment Compensation law that determines the eligibility of school employees for benefits during the summer and school breaks. You can read more about reasonable assurance on our School/Reasonable Assurance FAQ page.

If you are a school employee who is not working and has therefore lost income because of the COVID-19 emergency, you may be eligible for UC benefits for any week in which you would otherwise be working.

If the educational entity where you are employed is shut down by order of the Governor, "Lack of work" should be provided as the reason for separation.

Please note that you may not be eligible for benefits during periods when school is not in session, such as winter, spring, and summer breaks. 

​If you are a school employee who is working reduced hours resulting in a reduction in income because of the COVID-19 emergency, you may be eligible for UC.

If you are a salaried employee and continue to receive your regular salary payments and benefits during the COVID-19 shutdown, you are not considered unemployed and should not file a claim for benefits.

No, you are not eligible for UC during a period of time when school is not in session due to a regularly scheduled holiday break or vacation period. If your school is closed due to the COVID-19 emergency when it would normally be in session, you may be eligible for UC. Please note, however, that eligibility for UC may end when the school term would normally end, and the holiday or vacation period between school terms begins.

Eligibility for weeks filed beyond the end of the regularly scheduled academic school year will be subject to an investigation and will be denied if it is determined that the school employee has been given reasonable assurance of returning to work with the school employer for the following school term.

​If you have reduced your work hours resulting in a reduction in pay or had to leave work because of childcare needs directly related to COVID-19, you may be eligible for the following programs.

• The Families First Coronavirus Response Act (FFCRA) expanded the Family and Medical Leave Act (FMLA) to provide up to 12 weeks of paid leave at partial pay for employees of certain types of employers if they need to care for a child whose school or childcare facility is closed because of COVID-19. To determine if you are eligible for expanded FMLA, visit U.S. DOL's FFCRA Eligibility website.
  
  

• The Pandemic Unemployment Assistance (PUA) program provides unemployment compensation benefits to workers who lose income or employment because they are the primary caregiver to a child whose school or childcare provider has closed. To learn more about PUA eligibility and how to apply, visit L&I's PUA webpage.

Please note that while you may be eligible for both programs, you may not be able to collect benefits from both programs at the same time.

Unless extended by Congress, both the federal paid sick leave and expanded family and medical leave and the PUA programs expire on 12/31/2020.

​A "place of care" is a physical location in which care is provided for your child. The physical location does not have to be solely dedicated to such care. Examples include daycare facilities, preschools, before and after school care programs, schools, homes, summer camps, summer enrichment programs, and respite care programs.

​Yes. If the physical location where your child received instruction or care is now closed, the school or place of care is “closed” for purposes of paid sick leave and expanded family and medical leave. This is true even if some or all instruction is being provided online or whether, through another format such as “distance learning,” your child is still expected or required to complete assignments.

Generally, you are NOT eligible for benefits if your child's school or place of care is open and you choose to keep them at home. However, if your child has an underlying condition and a medical professional has certified that he or she must isolate due to COVID-19, or if your child’s school is not following safety guidelines and they have failed to adjust their actions to meet the minimum Centers for Disease Control and Prevention (CDC) requirements in response to your concerns, you may be eligible for PUA.

​You should learn about each program and consider which one best meets your family's needs. You should also speak with your employer about your options and discuss any benefits they may offer. These programs differ in who is eligible, the amount of benefits you receive, how long you are eligible for those benefits, and how quickly you will receive benefits. In addition, paid sick leave and expanded family medical leave offers you certain job protections. You can learn more about both programs on L&I's COVID-19 Guidance & Resources page.

Federal Paid Sick and Expanded Family and Medical Leave

In general, you are eligible for paid sick leave and expanded family and medical leave if you work for a government entity or work for an employer with fewer than 500 employees. Find out more about your eligibility on U.S. DOL's Families First Coronavirus Response Act (FFCRA) Eligibility site.  

If you are eligible, expanded family and medical leave may be available immediately and allow you to keep receiving a paycheck. Individuals are typically eligible for up to 2/3 of their regular pay, up to $200 per day, for a maximum of $12,000 for 12 weeks. To learn more about this program, visit the U.S. DOLs Families First Coronavirus Response Act site.

Eligible individuals using this expanded family and medical leave are generally entitled to be restored to the same or an equivalent position upon returning to work from paid leave status, and may not be fired, disciplined, or discriminated against because they have used this leave.

PUA

In general, you are eligible for PUA if you have lost employment and income because of one of the COVID-related reasons identified by federal law, and if you are not currently eligible for regular unemployment compensation.

If you apply for and are eligible for PUA, the amount of PUA benefits you will receive is based on your previous income reported, not less than $195 and not more than $572. You may be eligible for up to 39 weeks of PUA benefits. You must first apply for regular unemployment compensation and be denied before you may apply for PUA. After applying for PUA, it may take additional time for your first benefit check to arrive. To learn more about PUA in Pennsylvania, visit L&I's PUA FAQ page.

​Generally, no. However, you can apply for PUA after exhausting the 12 weeks of paid sick leave and expanded family and medical leave. You must report all income received from any source, including paid leave.

​You may qualify for PUA if you are the "primary caregiver" of a child who is at home due to a forced school closure that directly results from the COVID-19 public health emergency. However, to qualify as a primary caregiver, your provision of care to the child must require such ongoing and constant attention that it is not possible for you to perform your customary work functions at home. For example, if your employer allows you to telework and you are caring for a more mature child who is able to care for him or herself for much of the day, you likely would not qualify for PUA because you are still able to work.

Additionally, PUA is available only when a child is home because of a school closure that is a direct result of the COVID-19 public health emergency. A school is not closed as a direct result of the COVID-19 public health emergency after the date the school year was originally scheduled to end. For example, if your child's school closed in May and you had to provide care for them, you may be eligible for PUA in May.

However, if your child's school is normally closed in June and July, you would not be eligible for PUA in June or July and should rely on their customary summer arrangements for caring for their children. If, however, you rely on a childcare or other facility to provide summer care for your child and that facility is closed as a direct result of the COVID-19 public health emergency, you may continue to qualify for PUA. Similarly, if there is some other reason under which you qualify for PUA, you will continue to be eligible to receive benefits.

​If your employer permits teleworking but and you are unable to perform those teleworking tasks or work the required teleworking hours because you need to care for your child whose school or place of care is closed, or child care provider is unavailable, because of COVID-19 related reasons, then you may be entitled to take expanded family and medical leave.

If you are able to telework while caring for your child, you are not eligible for expanded family and medical leave.

​Yes, if you are prevented from teleworking your normal schedule of hours because you need to care for your child whose school or place of care is closed, or childcare provider is unavailable, because of COVID-19 related reasons, you and your employer may agree that you can take paid sick leave and expanded family medical leave intermittently while teleworking.

You may take intermittent leave in any increment, provided that you and your employer agree. For example, if you agree on a 90-minute increment, you could telework from 1:00 PM to 2:30 PM, take leave from 2:30 PM to 4:00 PM, and then return to teleworking.

The U.S. Department of Labor, which administers the paid leave programs, encourages employers and employees to collaborate to achieve flexibility and meet mutual needs and is supportive of such voluntary arrangements that combine telework and intermittent leave.

​You may take paid sick leave or expanded family and medical leave to care for your child only when you need to, and actually are, caring for your child if you are unable to work or telework as a result of providing care. Generally, you do not need to take such leave if a co-parent, co-guardian, or your usual childcare provider is available to provide the care your child needs. For more information, visit U.S. DOL's FAQ page.

​It depends. Under the FFCRA, paid sick leave and expanded family and medical leave include leave to care for one (or more) of your children when his or her school or place of care is closed or childcare provider is unavailable, due to COVID-19 related reasons. This leave may only be taken to care for a child without a disability if they are under the age of 18. If your child is 18 years of age or older with a disability and cannot care for himself/herself due to that disability, you may take paid sick leave and expanded family and medical leave to care for the child if the school or place of care is closed or if the childcare provider is unavailable, due to COVID-19 related reasons, and you are unable to work or telework as a result.

In addition, paid sick leave is available to care for an individual who is subject to a federal, state, or local quarantine or isolation order related to COVID-19 or has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. If you have a need to care for your child age 18 or older who needs care for these circumstances, you may take paid sick leave if you are unable to work or telework as a result of providing care. But in no event may your total paid sick leave exceed two weeks.

​If you believe that your employer is covered and is improperly refusing you paid sick leave and/or expanded family and medical leave or otherwise violating your rights under the Emergency Family and Medical Leave Expansion Act, the U.S. Department of Labor, which administers both programs, encourages you to discuss and try to resolve your concerns with your employer. 

Regardless whether you discuss your concerns with your employer, if you believe your employer is improperly refusing you expanded family and medical leave, you may call the federal Wage and Hour Division (WHD) at 1-866-4US-WAGE (1-866-487-9243) or visit www.dol.gov/agencies/whd. Your call will be directed to the nearest WHD office for assistance to have your questions answered or to file a complaint. 

If your employer employs 50 or more employees, you also may file a lawsuit against your employer directly without contacting WHD. If you are a public sector employee, please visit the U.S. Department of Labor's FAQ site.