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In addition to paid sick and leave revisions, many states have enacted expansions or emergency rules to their unemployment program. Please encourage employees to check state resources for additional detail.

California

COVID-19 Supplemental Paid Sick Leave (effective 2/19/22 (retroactive to 1/1/22) through 9/30/22)

The law was originally enacted in April 2020 and expired December 31, 2020. California resurrected the law in March 2021, making it retroactive to January 1, 2021, but it again expired September 30, 2021. CA brought it back for 2022 – effective February 19, 2022, and retroactive to January 1, 2022.  

  • Employers with more than 25 employees must provide leave 
  • Employees can access the leave when: 
    • EE subject to a quarantine or isolation period related to COVID-19  
    • EE has been advised by a health care provider to isolate or quarantine due to COVID-19. 
    • EE is attending an appointment for themselves or a family member to receive a COVID vaccine or a booster 
    • EE is experiencing symptoms or caring for a family member experiencing symptoms, related to a COVID-19 vaccine or booster that prevents the employee from being able to work or telework. 
    • EE is experiencing symptoms of COVID-19 and seeking a medical diagnosis. 
    • EE is caring for a family member who is subject to an order or guidance or who has been advised to isolate or quarantine. 
    • EE is caring for a child, whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises. 
  • A full-time employee is entitled to 40 hours for the reasons detailed above. A part-time employee is entitled to a proportionate number of hours based on schedule. 
  • Both full and part-time employees are entitled to an additional amount of time, equal to their allotment for the reasons detailed above if the employee or family member for whom the employee is caring for tests positive for COVID-19 Employers are permitted to require documentation of the positive test to provide leave for this reason. 
  • The maximum amount of SPSL a full-time employee can take during the period from January 1 to September 30, 2022, is 80 hours. 
  • Resources: Detailed FAQs from the state can be found here.   

Paid Sick Leave Expansion

  • If the employee has paid sick leave available, the employer must provide such leave due to COVID-19 illness for self or family member. Paid sick leave can be used for absences due to illness, the diagnosis, care or treatment of an existing health condition or preventative care.
  • Preventative care under paid sick leave would include self-quarantine as a result of potential exposure to COVID-19 if recommended by civil authorities or if the employee has traveled to a high-risk area.
  • Employers cannot require employees to use paid sick leave for quarantine purposes.

State Disability and Paid Family Leave

  • Employees who are sick or quarantined due to the virus may file for disability benefits. Employees who cannot work because they are caring for a family member who is sick or quarantined can seek paid family leave benefits.
  • One week waiting period waived for COVID-19 related claims

Other Leave Considerations

  • Employees at worksites with 25 or more employees may also be provided up to 40 hours of leave per year for specific school-related emergencies, such as the closure of a child’s school or day care by civil authorities. Employees may use their California Paid Sick Leave to a covered leave under California Labor Code section 230.8.
  • CAL/OSHAs COVID-19 Emergency Temporary Standards effective November 30, 2020 state if an employee is excluded from work for a COVID reason and able and available to work, the employer must continue to provide the employee’s pay and benefits. An employer may require the employee to exhaust paid sick leave benefits before providing exclusion pay. 

Colorado

Public Health Emergency Leave (effective 1/1/21 through 5/14/22)

  • Requires employers to provide employees access to up to 80 hours of supplemental leave from the day a public health emergency (PHE)1 is declared until four weeks after the PHE ends.
  • Employees can access this supplemental leave if they are:
    • self-isolating or excluded from the workplace due to exposure, symptoms, or diagnosis
    • seeking a diagnosis, treatment, or care (including preventive care) of such an illness;
    • unable to work due to a health condition that may increase susceptibility to or risk of such an illness;  or
    • caring for a child or other family, or whose school or child care is unavailable
  • Employers can count any accrued, but unused paid sick and safe time leave employees have on the date the PHE is declared toward the supplemental amount of PHE leave they must provide to employees. 

Massachusetts

Emergency Paid Sick Leave for COVID-19 (effective 5/28/21 through 3/15/22) 

Nevada

Paid COVID-19 Vaccination Leave (effective 6/9/21 through 12/31/23) 
  • Private employers with at least 50 employees must provide paid leave to employees to receive a COVID-19 vaccination. If an employee requires one dose of the vaccination, the employer must provide two consecutive hours of paid leave. For a two-shot vaccination, the employer must provide two consecutive hours per absence, for a total of four hours of paid leave.
  • These requirements do not apply to employers that provide an onsite clinic, where an employee may receive the vaccination during regular work hours or to new employers within the first two years of operation.

Paid Leave Expansion

  • Employers must not deduct hours from an employee’s paid leave balance if the employee misses work because of a “mandatory government quarantine by a state, federal, or local agency” for potential exposure to COVID-19. However, if the employee chooses to use any available paid leave hours while subject to mandatory quarantine, the employer should grant the request in accordance with the requirements of the paid leave law.

New Jersey

Family Leave Act and Family Leave Insurance Expansion (Effective 3/25/20)
  • The definition of serious health condition for both laws now includes leave needed due to the isolation or quarantine of a family member that meets this criterion:
    • an illness caused by, a known or suspected exposure to, or efforts to prevent the spread of a communicable disease that requires in-home care or treatment of a family member of the employee due to:
    • issuance by a healthcare provider or public health authority that the presence in the community of a family member may jeopardize the health of others; and
    • recommendation, direction, or order of the provider or authority that the family member be isolated or quarantined because of suspected exposure to the
      communicable disease.
  • The “key employee” provision of the act is not applicable when the leave is needed for the circumstances described above
  • This is a permanent amendment to the law
  • On April 14th, 2020 Family Leave was expanded to allow employees forced to take time off to care for a family member during the COVID-19 outbreak with up to 12 weeks of unpaid family leave in a 24-month period. Employees are eligible for leave to care for a family member as a result of an epidemic of a communicable disease, or efforts to prevent spread of a communicable disease. These job protections will extend to employees requiring leave to provide care or treatment for their child if the child’s school or place of care is closed in response to a public health emergency. This new law is applied retroactively to March 25, 2020.

Resources: New Jersey Senate Bill 2304 & 2374

Disability & Family Leave Insurance

  • Quarantines are covered
  • Non work-related accident or sickness amended to include criteria specified above and includes the need for in-home care or treatment of “the employee or family member of the employee.”
  •  7-day waiting period waived for temporary disability benefits attributable to the additional definition of “sickness.”  (Family Leave Insurance does not have a waiting period.)
  • This is a permanent amendment to the law

Paid Sick Leave Expansion

  • Reasons for the use of earned sick leave now include
    • closure of the employee’s workplace, or the school or place of care of a child of the employee due to a public health emergency;
    • declaration of a state of emergency
    • determination that the presence in the community of the employee, or a member of the employee’s family in need of care by the employee, would jeopardize the health of others; or
    • due to a state of emergency or the recommendation or order of a healthcare provider or authorized public official, the employee undergoes isolation or quarantine, or ares for a family member in quarantine, as a result of suspected exposure to a communicable disease and a finding by the provider or authority that the presence in the community of the employee or family member would jeopardize the health of others.
  • This is a permanent amendment to the law

Resources: New Jersey COVID-19 Scenarios & Benefits Available

New York

Paid Vaccination Leave Law (effective 3/12/21through 12/31/22)
  • All public and private employers must provide up to four hours of paid leave per vaccine injection, including the booster, for COVID-19.
  • The paid vaccination leave may not be charged against any other leave the employee is entitled to, such as paid sick or any leave provided under a collective bargaining agreement (CBA).

Emergency Paid Sick Leave (Effective 3/18/20)

  •  Employee must be subject to a mandatory or precautionary order of quarantine or isolation by NY state, or any department of health, local board of health or other government entity.
  • Sick leave benefits available vary by size of employer. NOTE: All employers must provide unpaid job protected leave until the end of quarantine order
Employer Size (as of 1/1/20) Paid Sick Days
10 employees and $1M 2019 net income 0
< 10 employees and > $1M 2019 net income 5
11-99 Employees 5
> 100 Employees 14
Public Employers (any size) 14
  • The 5 or 14 days of paid sick leave are in addition to an employee’s other accrued sick leave provided by the employer. The employer cannot require an employee to use other paid leave prior to the new statutory paid sick leave.
  • An otherwise eligible employee is not entitled to the paid sick leave or COVID-19-related family leave or disability benefits provided for under the Act if:
    • Subject to quarantine as a result of personal travel
    • They are asymptomatic, or have not yet been diagnosed with any medical condition, AND are able to work while under a quarantine order
    • They are eligible for COVID-19 related sick leave and/or employment benefits provided under federal law and such benefits are equal or more generous than those provided.

State Disability and Paid Family Leave

  • Family leave has been expanded to cover any leave taken for employees subject to quarantine order or to provide care for minor child who is subject to a quarantine order. Additionally, employees  are permitted to take paid family leave to provide care for a family member with a serious health condition, including a COVID-19 diagnosis by a health care provider.
  • Disability benefits have been expanded to include the inability of an employee to perform the regular duties of employment as a result of a quarantine order and when the employee has exhausted all paid sick leave provided by the Act.
  • After using the mandated paid leave (if any), employees of smaller employers (1-99 employees) can apply for enhanced New York PFL and disability benefits for the employee’s own order of COVID-19 quarantine (not a child’s order).
  • Note: Public employers of any size are not covered employers for purposes of disability and PFL benefits, so unless an entity has opted into coverage, its employees cannot receive these benefits for any purpose.

Resources: NY Paid Sick Leave for COVID-19

Oregon

Oregon Family Leave Act (OFLA) Permanent Expansion (effective 3/18/20)
  • Oregon employees may be absent for up to 12 weeks, on a continuous or intermittent basis, because the employee’s child’s school or place of care has been closed in connection with a statewide public health emergency like the COVID-19 pandemic.
  • Employer paid sick leave can be used for quarantine and school closure

Resources: Oregon Temporary Administrative Order and Oregon COVID-19 Scenarios & Benefits

Oregon Family Leave Act (OFLA) During a Public Health Emergency (effective 1/1/22)

  • During a period of public health emergency* employees will be eligible for Oregon Family Leave Act if:
    • Employed at least 30 days immediately before the leave begins and;
    • Worked an average of at least 25 hours per week during the 30 days immediately preceding the leave.
    • Additionally, if reemployed after a separation from employment or returning from work after a temporary cessation of scheduled work hours, within 180 days, employees are eligible for leave in the following circumstances:
      • Reemployed or returning within 180 days and were eligible for OFLA leave (based on standard eligibility) at the time of separation from employment or the beginning of temporary cessation of work; EE will be eligible to take OFLA leave immediately upon reemployment or return.
      • Reemployed or returning within 180 days and were not yet eligible for OFLA leave (based on standard eligibility criteria) at the time of separation from employment or the beginning of temporary cessation of work; EE will receive credit for time worked prior to the break in service for the purpose of establishing eligibility.
  • When no public health emergency is declared, eligibility for OFLA will follow the standard eligibility requirements.

Rhode Island

State Disability and Temporary Caregiver Expansion
  • One week waiting period waived for COVID-19 related claims
  • Quarantines are covered and the requirement of a medical certification is waived

Resources: Rhode Island COVID-19 Workplace Fact Sheet

Washington

Paid Sick Leave
  • Benefits paid during quarantine

Paid Family and Medical Leave

  • Does NOT cover quarantine or school closures

High-Risk Workers Rights (effective the duration of the state of emergency or until otherwise rescinded)

  • Covered Employees Include:
    • 65 years or older;
    • Those whose conditions are listed by the CDC under the “at increased risk” category; and
    • Those whose conditions are listed by the CDC under the “might be at increased risk” category, but only if, based on the employee’s medical circumstances and workplace conditions, the employee is, in fact, at increased risk for suffering severe illness from COVID-19.
  • Employers must utilize all available options for alternative work assignments to protect high-risk workers (i.e., telework, social distancing measures); to permit high-risk employees who cannot take advantage of such alternative assignments to use any available employer-granted accrued leave or UI in any sequence at the discretion of the employee; to fully maintain all employer-related health insurance benefits for employees who have exhausted leave, until they are eligible to return to work; and to refrain from taking adverse employment action against an employee for exercising their rights

Washington, DC

COVID Vaccination Leave Emergency Amendment Act (effective 11/18/21 through 2/16/22 + 225 days)

  • All DC employers must provide up to two hours of paid leave for receiving the COVID-19 vaccine, including the booster, and up to eight hours of paid leave during the 24-hour period following such injection
  • Also permits employees to take vaccination leave or vaccination recovery leave to care for the employee’s child who receives the COVID-19 vaccine, for a total of 48 hours of leave in the year beginning on the effective date of the Emergency Act
  • An employee with 15 days of service, before the request for the leave, is eligible for paid vaccination leave.
  • The paid leave is in addition to any other paid leave under an existing leave policy, including under an existing contract or collective bargaining agreement (CBA). However, if the employer has a paid leave policy that exclusively and expressly provides for COVID vaccination and recovery leave in the amounts greater or equal to the amounts provided by the Act, and does not reduce other available paid leave, the employer is not required to provide additional leave

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