What may the new FMLA leave be used for?

FMLA leave may be used because of a “qualifying need related to a public health emergency.” With respect to leave, the quoted phrase is defined to mean that the employee “is unable to work (or telework) due to a need for leave to care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency.”

A “public health emergency” is “an emergency with respect to COVID-19 declared by a Federal, State, or local authority.” A “childcare provider” is “a provider who receives compensation for providing childcare services on a regular basis, including an ‘eligible childcare provider’ (as defined in 42U.S.C. 9858n).” The term “school” means an “elementary school” or “secondary school” as those terms are defined in 20 U.S.C. 7801.