As parents try to navigate the evolving requirements for their children to go back to school, they are also faced with the hardship of wondering what will happen with their employment. Faced with uncertainties about the number of days children may attend school in person or virtually, causes anxiety about their working relation. Some employers have extended work from home situations into next year, while others are mandating a return to in office work.

As school opening plans remain fluid, employees may want to engage in discussions with their employers now to determine their options and what will work best for the employer and the employee. In an effort to maintain a positive working relation, below are some possible options that employers and employees should consider:

(a) a full work from home option

(b) partial work from home option, with the flexibility to alter days in the office and working from home

(c) a flexible work schedule allowing employees to work different hours or different days to complete their work

(d) a modification of the employees schedule from a full time to part time schedule

(e) determining if the employer has or will provide onsite childcare or if the employee can bring their child to work with them

(f) seeking a childcare allowance as part of the employee’s compensation

(g) seeking a leave of absence

The above list is not an exhaustive list, but rather suggestions of how to modify an employee’s current work situation and would need to pertain to each individual situation.

Under the Families First Coronavirus Response Act, employees can also seek time off to care for their children due to the closures of schools. For more information on the FFCRA click here.

Employers must be careful to abide by the laws in allowing parents to care for their kids. Employers making decisions regarding employees requests for accommodations must do so in a fair and non-discriminatory fashion. Failure to do so, may result in claims of gender, familial status and/or caregiver discrimination and retaliation, amongst others.

Employees working from home may also be entitled to expense reimbursement for those expenses associated with the cost of a home office (i.e. computers, printers, ink, pens, paper, etc.). This too should be discussed with the employer to determine what the employer’s expense plan may require for reimbursement.

For counseling and guidance on your current work situation or to find out your options, contact Sheree Donath at (516) 804-0274 or at sheree@donathlaw.com.

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