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

Supplemental COVID-19 Paid Sick Leave for Large Employers and Food Sector Workers (expired 12/31/20)

COVID Supplemental Paid Sick Leave (effective 1/1/21 expired 9/30/21)

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

Healthy Families and Workplaces Act for Emergency Paid Sick Leave expired 12/31/20

Public Health Emergency Leave (effective 1/1/21)

  • 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 4/1/22*) 
  • All full-time MA employees are entitled to up to 40 hours (pro-rated for part-time) of job-protected, emergency paid sick leave for certain COVID-19 reasons, including to obtain the COVID-19 vaccination or to recover from symptoms arising from the vaccination. Employers must compensate employees up to a maximum of $850 per week. MA EPSL is in addition to other required forms of paid time off.
  • The law creates a $75 million fund to reimburse eligible employers for providing this additional emergency paid sick leave.
  • Employees who are unable to work due to any of the following reasons are entitled to the leave:
    • An employee’s need to:
      • Self-isolate and care for oneself because of COVID-19 diagnosis;
      • Seek or obtain medical diagnosis, care, or treatment for COVID-19 symptoms; or
      • Obtain immunization related to COVID-19 or the employee is recovering from an injury, disability, illness, or condition related to such immunization;
    • An employee’s need to care for a family member who:
      • Is self-isolating due to a COVID-19 diagnosis; or
      • Needs medical diagnosis, care, or treatment for COVID-19 symptoms;
      • Is obtaining a COVID-19 immunization or is recovering from an injury, disability, illness or condition related to such immunization
    • A quarantine order, or other determination that the employee’s presence on the job or in the community would jeopardize the health of others because of the exposure to COVID-19 or exhibiting of symptoms, regardless of whether the employee has been diagnosed with COVID-19;
    • An employee’s need to care for a family member due to a quarantine order, or other determination that a family member’s presence on the job or in the community would jeopardize the health of others because of exposure to COVID-19, regardless of whether the family member has been diagnosed with COVID-19; or
    • An employee’s inability to telework because the employee has been diagnosed with COVID-19 and the symptoms prohibit telework
    • The definition of “family member” includes: spouse, domestic partner, child, parent (including the parent of a spouse or domestic partner), a grandchild, grandparent, or sibling.

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 3/12/21 through 12/31/22)
  • All public and private employers must provide up to four hours of paid leave per vaccine injection 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

Resources: Washington State COVID-19 Scenarios and Benefits

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

COVID-19 Food Production Workers Paid Leave Program (expired 11/13/20)

Washington, DC

Paid Public Health Emergency Leave (effective through 4/10/20 through 11/5/21)
  • The Supplemental Act expands leave available during the COVID-19 public health emergency 
  • Requires employers (except Healthcare Providers) with 50 to 499 employees provide sick leave to employees who have worked for the employer for at least 15 days.
  • Employees may use emergency paid sick leave to care for themselves by:
    • obtaining a medical diagnosis or care due to COVID-19 symptoms;
    • self-quarantining under guidance from a heath care professional;
    • self-quarantining under guidance from a federal, state, or local public health official;
    • OR
  • To care for someone else such as:
    • an individual who is self-isolating because of a medical diagnosis or COVID-19 symptoms;
    • a child whose school or childcare facilities are closed (including a child whose nanny or individual care provider is unavailable due to COVID-19);
  • The Supplemental Act offers full-time employees up to 80 hours of paid leave, and part-time employees may be entitled to paid leave equal to the usual number of hours the employee works in a two-week period.
  • The Supplemental Act allows employers to require employees to exhaust existing accrued leave mandated by federal or District law, or provided by the employer’s policies, prior to using paid DOE leave.

COVID-19 Response Emergency Amendment Act (effective 3/17/20 through 11/5/21)

  • Expansion of the provisions of D.C. FMLA
  • New category of declaration of emergency (DOE) leave.  Employees are entitled to DOE leave when an employee is unable to work during a period of time in which the mayor has declared a public health emergency and the mayor, other federal or state official, or a medical professional, has ordered or recommended that the employee self-isolate or quarantine.
  • Suspends the one-year-of-employment and 1,000-hours-of-work requirements for eligibility. An employee must be employed for at least 30 days before the request for leave.
  • The law permits employees to take family and medical leave during the COVID-19 public health emergency if the employee cannot work due to:
    • recommendation from a health care provider that the employee isolate or quarantine, including because the employee or an individual with whom the employee shares a household is at high risk for serious illness from COVID-19;
    • need to care for a family member or an individual with whom the employee shares a household under a government or health care provider’s order to quarantine or isolate; or
    • need to care for a child whose school or place of care is closed or whose childcare provider is unavailable to the employee.
  • The employee may use up to 16 weeks of leave during the emergency.
  • Applies to all employers in the District regardless of how many employees it
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