Takeaway: The facts of this case occurred just before the Families First Coronavirus Response Act (FFCRA) took effect mandating leave for COVID-19-related health and child care concerns after April 1, 2020—a requirement that ended Dec. 31, 2020.

An employee with a sick child who was denied remote work at the start of the COVID-19 pandemic may have brought viable Family and Medical Leave Act (FMLA) claims against her employer.

In May 2018, the plaintiff was hired as an attorney at Fieger & Fieger PC, a Michigan law firm. As an employee, she was entitled to two weeks of vacation, three personal days and two sick days each year. By early March 2020, she had used five days of vacation and two sick days.

On Friday, March 13, 2020, President Donald Trump declared a state of emergency as a result of the spread of COVID-19. All Michigan schools and day care facilities immediately closed due to the pandemic. In response, the firm requested that the plaintiff thoroughly clean her desk, and preassigned her team of employees to work from home on Wednesday of the following week.

Over the weekend, the plaintiff e-mailed a partner at the firm about her concerns of COVID-19 exposure and requested to work from home on Monday, March 16, and Tuesday, March 17. In her March 14 e-mail, she noted her worry that her children's day care facility had been closed due to COVID-19. The next day, she sent another e-mail to the partner stating additional concerns about her son's heightened...

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