• 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.

• 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

• 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

• 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 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.

• 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

• Benefits paid during quarantine

Paid Family and Medical Leave

• Does NOT cover quarantine or school closures

High-Risk Workers Rights 

• “High risk” means that an employee is at a high risk of severe illness from the disease that is the subject of the public health emergency due to age or an underlying health condition, and a medical provider has recommended the employee’s removal from the workforce because of their high risk of severe illness 
• 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