"[I]nvestigators are instructed to determine whether there is evidence of a plan for the child to have attended the camp or program, such as enrollment prior to cancellation, or an application submitted, or a deposit paid. At a minimum, they must determine whether it was more likely than not that the child would have attended had the facility not been closed due to COVID. A parent's 'mere interest' in a program generally will not be sufficient to show the child would have been in summer care and entitle the employee to FFCRA leave -- but it is not necessary to prove conclusively that the child absolutely would have been enrolled prior to closure."

MORE >>