SECTION 1. Notwithstanding any general or special law to the contrary, an employer shall not terminate an employee who cannot physically report to work due to a lack of childcare. An employer may require that an employee utilize paid time off including vacation, sick, and personal time for any time that they cannot perform their duties due to a lack of childcare. An employer shall, to the best of their ability, provide reasonable accommodations to employees lacking childcare including, but not limited to telecommuting and flexible schedule arrangements.
SECTION 2. An individual who is unable to perform their job functions due to a lack of childcare and who has exhausted all of their paid time off benefits, shall be eligible for unemployment benefits until 90 days following the termination of the state of emergency declared March 10, 2020. Such employees shall then be entitled to return to their position.
SECTION 3. This act shall expire 90 days following the termination of the state of emergency declared March 10, 2020.
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