April 30, 2020

Coronavirus and the Future of Childcare

One of the alleged silver linings of coronavirus lockdowns is the chance to spend more time with family, but mounting research paints a less rosy picture with child care provision surging toward serious crisis.

We’ll start with the obvious. With social distancing in effect and the current dearth of testing capabilities at the local, state, and federal levels, many child care facilities are closed, not to mention elementary, middle, and high schools. This poses a problem for all working parents, whether they are those fortunate enough to have the option to telecommute or those workers designated “essential.” And while some states such as New York have allowed childcare facilities to remain open, parents are still asked to make a very difficult choice about their health and the health of their children.

Parents who are in “essential” services are severely restricted by lockdown measures because they cannot simply choose to stay home without significant repercussions, including loss of employment and denial of unemployment insurance and other essential benefits. According to a recent survey conducted by the Bipartisan Policy Center, only 22% of survey respondents said they could continue using pre-coronavirus child care arrangements and often only if they had no major schedule changes—an unlikely scenario in light of the pandemic. Additionally, for parents who had enrolled in a now-closed program, 42% are still paying fees, some just to ensure their child has a place when a program reopens.

While telecommute workers do not have as difficult a choice to make, their lives also face serious challenges. The Bipartisan survey found that 56% of respondents are now working remotely or have a family member working remotely, but a full 43% of them still need childcare services and 10% are working outside of normal hours because of childcare commitments. 

In addition to parents having to adapt to huge changes in their work/family balance, childcare providers are in serious financial trouble. As the Hechinger Report described in a recent article, 1.7 million people who work in child care which is all but shut down at the moment. Additionally, childcare facilities are often in precarious financial situations at the best of times, relying on enrollment fees or funding from Head Start and other federal programs that are given low priority even when there isn’t a global pandemic.

Coronavirus has highlighted the knife’s edge that US childcare stands on. As we have highlighted before, many aspects of childcare have been ignored or underfunded for years and parents are forced to make difficult choices about work and child care. These issues have only been exacerbated since the outbreak, and, as Citylab reported, this is a crisis not just in the US but throughout the world where many governments do too little to provide for childcare services while still requiring parents to work full-time.

We need strong, federal guarantees for parental leave and funding for accessible childcare. Such as the proposal by Senators Warren and Smith. Without childcare, women will inevitably face more challenges in their ability to return to work, and find themselves forced out of the job market. We cannot wait until the pandemic is past, in part because we don’t know when that will be, but also and more importantly, because it is the right thing to do. 

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The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
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Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

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