​Under the Families First Coronavirus Response Act, parents may be able to take up to 12 weeks of paid leave to care for children whose school or child care provider is closed or unavailable for reasons related to COVID-19.  
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To qualify to take the full 12 weeks of leave, a parent must work for a business with fewer than 500 employees and have worked there for at least 30 days. Parents who have worked for less than 30 days for their company may still be able to take two weeks of paid leave.  Businesses with fewer than 50 employees may not have to give parents leave if giving the paid leave would "jeopardize the viability of the business as a going concern."

Paid leave is available from April 1, when the law goes into effect, until the end of the year. A parent can take paid leave only if they cannot work at their regular worksite or telework because they need to care for a child who is home from school or child care. If a parent's employer lets them do their work outside their regular hours, such as early in the morning or late at night, then they can work and won't qualify for paid leave.

Employers can require a parent to provide proof that their child's school or child care is closed due to COVID-19. Examples of documentation are closure or unavailability notices from a school, daycare, or babysitter that are posted on a website, published in a newspaper, or emailed to a parent. 

Parents working both full- and part-time may take leave. Parents working part-time may take leave for the average number of hours each day that they would typically work during a two-week period. 

Parents working on-site or teleworking may be able to take leave in small chunks instead of all at once if their employer agrees. For example, if an employer agrees, a parent could take leave on Mondays, Wednesdays, and Fridays or from 8:00 to noon each day.  

Parents taking leave to care for a child home from school or child care will not get paid at their full rate. Instead, a parent on leave will receive the greater of either two-thirds of their regular pay or two-thirds of the federal or their state or local minimum wage. 

There is also a cap on the total pay parents can receive while on this type of leave. Parents will get no more than $200 per day or $1000 each week they are on leave.

Eligible parents who are denied leave should contact a knowledgable attorney or the Department of Labor. 

States (and not the federal government) can use their police powers to protect the welfare, health, and safety of their citizens. The scope of these powers varies from state to state and are found in the state's constitution and any state statutes allowing officials from the state or political subdivisions to issue orders declaring a disaster emergency.

The declaration of a public emergency removes much of the red-tape that a state or local government would need to navigate to prohibit a public gathering. However, even after a public emergency is declared, state and local governments must follow specific rules when taking actions that impact constitutional interests, like the First Amendment rights to assemble peaceably and to the free exercise of religion.

The government may prohibit people from assembling if the restrictions are reasonable, not content-based, and narrowly tailored to meet legitimate public safety concerns. The limits must restrict constitutional rights as little as possible. 

Concerning the free exercise of religion, limits must be neutral and generally applicable to all organizations or must involve a compelling governmental interest and be exercised in the least intrusive manner possible. 

As far as churches are concerned, if a state or local government has issued an emergency order that is neutral in its applicability and doesn't target churches in a discriminatory manner, it is probably legal. 

Police Powers in Texas

Numerous state and local officers are permitted to declare disaster emergencies in Texas. Texas law allows the commissioner of the department of state health services, the governor, mayor, and county judges to declare disasters. The commissioner may declare a public health disaster and institute "control measures" for up to 60 days. Control measures can include detention, restriction, isolation, and quarantine, among other measures. The governor may declare states of disaster and to issue executive orders suspending procedures for state business or rules of state agencies. Mayors and county judges may declare local states of disaster. 

On March 19 in Texas, Commissioner Hellerrstedt declared a public health emergency, and Texas Governor Abbot issued an Executive Order, directing that "every person in Texas shall avoid social gatherings in groups of more than 10 people" until at least April 3. On March 23, Bexar County and San Antonio issued executive orders directing all individuals living in the area to stay at home and prohibiting all public or private gatherings occurring outside a single household or single-family living unit until 11:59 p.m. on April 9. People may leave their homes to engage in exempted activities and work in exempted businesses, including "worship services." However, "religious and worship services may only be provided by video, teleconference or other remote measures."

Because the Bexar County and San Antonio orders prohibit  don't target churches or religious organizations in a discriminatory matter, the orders prohibiting gatherings for religious or worship services are likely constitutional. 

What If My Church Still Meets?
Some churches may be wondering what will happen if they meet in-person, especially if the disaster orders extend until after Easter Sunday. While the State of Texas orders are recommendations, the orders issued by the City of San Antonio and Bexar County are prohibitions. Violation of the City and County orders are punishable by civil penalties of up to $3,000. 

City and County law enforcement have said they will focus on businesses that should be closed and would prefer to issue warnings rather than fines. However, the churches themselves and all "non-working" attendees could subject themselves to fines of up to $3,000. 

Churches that have questions about in-person meeting and who is considered to be "working" at their religious or worship services should contact their attorney.