AP Blog

By Jason Wissmiller, 09/28/2020
Following the September 11, 2001 terrorist attacks, most insurers who had been offering coverage for War Risk exposures (which typically includes terrorism) quickly canceled those endorsements, per the coverage cancellation terms noted on the endorsements. The market for terrorism related coverage dried up almost...
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By Brian Lindahl, 09/24/2020
As senior living providers prepare for approaching renewal periods, we wanted to provide an update on our view of the changing marketplace. This will aid you and your team in determining your risk tolerance appetite and preparing your budgets for potential increased costs and decreased coverage. Unfortunately,...
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By Jim Stevenson, 09/23/2020
Does employment status really matter? The Internal Revenue Service says “yes” but the Service Contract Act says “no” when the Department of Labor enforces The Act. The Internal Revenue Service says employee status is important because it determines if the federal service contractor must...
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By Gina Ekstam, 09/22/2020
Proactive loss control is an effective approach to helping agribusinesses reduce risk, improve product quality, increase production, and boost employee morale and retention. Loss control requires top-down commitment, from management to safety directors to employees. To be successful, there needs to be a culture...
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By John Tankersley, 09/21/2020
When it comes to insuring your manufactured / mobile home, the rules are different than a standard homeowner’s policy. Most people think when it comes to insuring one’s home that it’s all pretty much the same – call your local agent, give your address and some basic information about the...
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By Nathanael Alexander, Esq., 09/17/2020
Updating a previous article, as of Friday, September 11, 2020 the U.S. Department of Labor (DOL) has indeed decided to move forward with issuing revised regulations under the Families First Coronavirus Response Act (FFCRA) after a New York federal district court struck down several of the previous provisions of...
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By David Stein, 09/16/2020
The current economic climate is forcing producers and service contractors to take a hard look at insurance costs. Usually, the first (and easiest) step is to engage their broker to market the insurance program with alternate carriers. Competition will either drive down costs or validate the current placement....
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By Brian Lindahl, 09/15/2020
As an insurance and risk management partner to hundreds of assisted living communities across the country, we would like to extend an extra special “Thank You” to our assisted living clients for providing essential care and services to those in need. In appreciation of all that you and your team...
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By Rocky Roemer, 09/14/2020
Commercial automobile insurance as a segment of the insurance industry has been consistently unprofitable for around a decade. It’s a triple-whammy: Increasing frequency - due in part to distracted driving Higher loss costs (driven up by increased prices and complexity of the vehicles themselves) ...
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By Nathanael Alexander, Esq., 09/10/2020
As annual open enrollment time swiftly approaches, we wanted to take some time to note some of the COBRA considerations to be aware in the midst of the COVID-19 pandemic, particularly as it pertains to changing carriers/vendors during this turbulent time. The federal government issued guidance regarding COBRA...
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DOL Update: Additional FFCRA Guidance for Summer Camp Closures Due to COVID-19 Pandemic
07/02/2020

Due to the COVID-19 pandemic, countless employees with young children have opted to utilize the time off provisions of the Families First Coronavirus Response Act (FFCRA) in order to provide care to their children in lieu of school and day care center closures nationwide. Now that schools are closed and a vast majority of summer school programs and camps were forced to close, with many still awaiting government clearance to re-open, employees are still struggling to find child care in the summer.

Since numerous inquiries have been submitted on this topic, the Department of Labor (DOL) issued Field Bulletin No. 2020-4 on June 26,2020 which provides additional, more specific guidance on when an employee may take leave under the FFCRA. The employer, if subject to FFCRA (generally those under 500 employees and most public entities), is required “to provide eligible employees with up to two weeks of paid sick leave and up to twelve weeks of expanded family and medical leave, of which up to 10 weeks may be paid.” The guidance states that an employee may take leave under the FFCRA when he or she is unable to work or telework because of related responsibilities that occur due to the closure of their child’s place of care for COVID-19 purposes. The DOL guidance goes on to further define a “place of care” as “a physical location in which care is provided for the employee’s child while the employee works and includes summer camps and summer enrichment programs.”

Therefore, summer camps qualify as a “place of care” under FFCRA regulations. As such, employees are able to provide evidence of their intent to enroll their child(ren) in a particular summer camp or program, noting that the location would have been their place of care had it not been for the pandemic. Aside from actual enrollment, evidence of intent could also include submission of an application or deposit. If a summer camp or program was not accepting enrollees at the time the FFCRA regulations were issued, proof of participation in a now closed program in previous summers may also suffice to prove intent.

Although there is no “one-size-fits-all” standard applied, it must be “more likely than not” that the child(ren) would have participated based on a preponderance of the evidence at play given the circumstances. The guidance notes that while a parent’s mere interest in enrolling their child(ren) in a summer camp or program is typically not enough, it does provide exceptions in limited instances if a child has just  relocated to the area where the intended summer camp or program is offered or for a child who has only recently attained the age necessary to attend.

Employers will want to work with their employees to determine whether evidence of planned participation in a summer camp or program exists, so they do not wrongfully deny an acceptable request under the FFCRA regulations. Employees should also be prepared to submit a statement to their employer illustrating that no other suitable options are available to them for the purposes of child care, providing the specific name of the summer camp or program that would have been the option had it not closed due as a result of COVID-19.