Leave Laws for COVID-19

COVID-19 Leave Law Guide

Responding to the challenges of the COVID-19 pandemic has brought abrupt change to the way we live, work and communicate. For many Americans, the need to quarantine or isolate means that going to work is no longer possible. To help reduce the economic impact, there’s been a flurry of legislative action to provide economic relief to employees.
 
See what Leave Laws may be available to you or your workforce in response to COVID-19.


State & Federal Leave Laws Related to COVID-19

As a leading carrier in Leave Management, The Hartford is monitoring the changes in your state and around the nation as they occur. We will continue to update this page as details emerge to keep you up to date during this dynamic time in our lives.
FEDERAL (OSHA) New “Emergency Temporary Standard”
 
The U.S. Department of Labor’s Occupational Safety and Health Administration announced a new emergency temporary standard (ETS) for employers with 100 or more employees. The ETS was recently published and can be reviewed for the most update to date information.
 
 
 
Tax Credits for Paid Leave under the American Rescue Plan Act of 2021
 
Vaccine Leave Clarification: The April 1 COVID leave expansion under the American Rescue Plan Act provided paid COVID-19 vaccine leave for all eligible employees. The latest federal guidance published in July clarifies that eligible employees also can also take paid vaccine leave for family members and certain other individuals.
 
 
 
DOL OSHA Emergency Rule - COVID-19 Emergency Temporary Standard
 
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard to protect healthcare workers from contracting coronavirus. The new legislation became effective June 21, 2021 and requires healthcare employers to:
 
  • Conduct a hazard assessment and have a written plan to mitigate virus spread;
  • Provide some employees with N95 respirators or other PPE;
  • Ensure 6 feet of distance between workers, or erect barriers if distancing is not possible;
  • Provide worker with paid time off to get vaccinated and recover from any vaccine side effects; and
  • Allow employees who have COVID-19 or who may be contagious, to work remotely or be separated from other workers, or be given paid time off.
  • Paid time would be capped at $1,400 per week and employers with fewer than 500 employees may receive tax credits through the American Rescue Plan.
  • Employers have 14 days after the effective date to comply with most of the requirements.
  • OSHA also updated its Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace for employers beyond the healthcare sector. The changes focus on protections for unvaccinated and otherwise at-risk workers.
  • More information: DOL’s COVID-19 Emergency Temporary Standard
 
Updated Internal Revenue Service (IRS) FAQs on tax credits for paid leave
 
  • Federal tax credit is available to employers with fewer than 500 employees and certain governmental employers without regard to the number of employees (“Covered Employees”), for qualified paid leave benefits provided to Covered Employees between April 1 and September 31, 2021, pursuant to the American Rescue Plan Act of 2021 (the Act).
  • Although the paid leave mandate under the Families First Coronavirus Response Act (FFCRA) expired on December 31, 2020, the Act provides employer tax credits for paid leave during the six-month period mentioned above. 
  • The IRS clarifies that the Act “reset” the maximum amount of paid family leave for which an employer may claim tax credits on voluntary COVID-19 covered leaves employers provide to employees. 
  • For more information: American Rescue Plan Tax Credits Q&A
 
Families First Coronavirus Response Act (FFCRA) and Tax Credit Extensions
 
One of the broadest laws enacted to date, the Families First Coronavirus Response Act (FFCRA) took effect April 1, 2020 and applied to employers with fewer than 500 employees and most public agencies. It required employers to provide employees with up to 12 weeks of combined emergency paid sick and family leave. While the mandatory FFCRA paid leave provisions expired December 31, 2020, eligible employers are qualified to claim extended FFCRA tax credits in 2 phases if they voluntarily offer company paid sick and paid family leave like that which was mandated under the FFCRA. The first phase is from January 1 through March 31, 2021 and the second phase is from April 1 through September 30, 2021.
Supplemental Paid Sick Leave
 
Newly enacted or modified laws not administered by The Hartford (informational only):
 
  • Existing law provides Paid Sick Leave for COVID-19 through September 30, 2022.
  • New law extends the Paid Sick Leave provisions through December 31, 2022.
  • Read Full Bill
COVID-19 Paid Leave – Emergency Temporary Standard
 
Cal/OSHA has approved a re-adoption of the COVID-19 Emergency Temporary Standard (ETS) that was previously set to expire in May 2022.  
 
  • The ETS is effective May 6 through December 31, 2022.   
  • New FAQs will be issued to clarify recent changes, including how the California Department of Public Health guidance interplays with the latest ETS.  
  • The amendments also expand the penalty mechanism for enforcement of the ordinance. 
  • Read the Full Bill.  
  • Read Cal/OSHA COVID-19 ETS Resources.
COVID-19 Supplemental Paid Sick Leave – FAQ Update
 
The California Department of Industrial Relations has updated its FAQ publication for the COVID-19 Supplemental Paid Sick Leave (SPSL) policy to provide clarifications to provisions of SB114:
 
  • The law was approved on February 9, 2022 and applies retroactively to January 1, 2022.
  • The FAQs clarify that the law pertains to all employers, public or private, with 26 or more employees, including those with collective bargaining agreements.
  • Covered employees are those who cannot work or telework due to COVID-19 or vaccine-related reasons. Under the 2022 COVID-19 Supplemental Paid Sick Leave law, covered employees are entitled to paid sick leave in addition to leave that was provided under previous laws which expired on September 30, 2021.
  • A covered full-time employee who worked or was scheduled to work an average of at least 40 hours per week in the two weeks before the leave is taken can take up to 80 hours of leave. This leave can consist of 40 hours of COVID-19 Supplemental Paid Sick Leave for any of the reasons listed in the policy and an additional 40 hours if the covered employee or qualifying family member tests positive for COVID-19.
  • Read Full Bill
COVID-19 Supplemental Paid Sick Leave
 
This new law is similar, but not identical, to the COVID-19 Supplemental Paid Sick Leave law that was effective last year. 
 
  • The law requires employers with more than 25 employees to provide COVID-19 supplemental paid sick leave for covered employees who are unable to work due to certain reasons related to COVID-19.   
  • The law entitles full-time employees up to 40 hours of supplemental paid leave if the employee or a family member for whom they provide care tests positive for COVID-19.  
  • The law also provides full-time employees with a separate entitlement of up to 40 hours of leave for the following reasons: 
  • The employee or a family member for whom the employee is caring is subject to quarantine or isolation related to COVID-19 either by federal, state, or local order, or as advised by a health care provider, 
  • The employee or the employee’s family member is attending an appointment for a COVID vaccination or experiencing symptoms related to the vaccine,  
  • The employee is experiencing COVID-19 symptoms and is seeking medical diagnosis, or 
  • The employee is caring for a child whose place of care is closed due to reasons related to COVID-19. 
    • Part-time employees are also entitled to these two forms of leave on a prorated basis as detailed in the language of the law. 
  • The bill will be retroactively effective starting January 1, 2022 and will apply until September 30, 2022. Employers are required comply beginning February 19, 2022, which is 10 days after the date of enactment.  
  • The Department of Industrial Relations is working to provide full details of the new law, including providing an FAQ and workplace posting. The Labor Commissioner’s website will contain this information when it is available. Employers are encouraged to check for updates.  Employers should be aware that this law does contain different provisions from the previous bill.  
  • Read full bill
COVID – 19 Paid Sick Leave – Small Employees
 
The town of San Anselmo expanded a prior temporary ordinance to require employers with 25 or fewer workers provide COVID-19 related paid sick leave. Although small businesses in California can use federal tax credits under the Families First Coronavirus Response Act for the cost of paid sick leave, they are not required to by state law to provide COVID-related sick leave.
 
  • The temporary ordinance expired on September 30, 2021.
COVID-19 – Supplemental Paid Sick Leave
 
California’s Supplemental Paid Sick Leave took effect immediately and applies retroactively to January 1, 2021 to private and public employers with 25 or more employees. It will expire on September 30, 2021. 
 
The new legislation:
 
  • Provides eligible employees, who work at least 40 hours per week, with up to 80 hours of Supplemental Paid Sick Leave (SPSL) when they can’t work or telework for qualifying reasons relating to COVID-19.
  • Gives full-time employees who work at least 40 hours per week up to 80 hours of leave. Part-time employees are offered a prorated amount of paid time. 
  • Expands leave to receive or recover from a COVID-19 vaccination and to care for a family member under quarantine. 
  • Prohibits employers from requiring employees to use other forms of leave prior to granting SPSL.
  • Required employers to display a poster notifying employees of their rights.
  • Is in addition to any previously available Paid Sick Leave provided under the Federal FFCRA which expired on December 31, 2020.
More information: 
 
Updated Disability and Paid Family Leave Guidelines
 
  • The state’s updated guidelines provide job protection and benefits to employees affected by COVID-19.
  • Employees unable to work because they’ve been diagnosed with or exposed to COVID-19 can file for Disability benefits under the State Disability insurance program.
  • Employees unable to work because they have to care for a sick or quarantined family member may file for Paid Family Leave.
  • Employees affected by business slowdown may be eligible for Unemployment Insurance to make up for the reduction in hours.
  • More information: California Employment Development Department.
Supplemental Paid Sick Leave
 
Temporarily amends existing law to create COVID-19 Supplemental Paid Sick Leave for Food Sector, Health Care, and Emergency Responder industry workers employed at businesses with 500 or more employees.
 
  • Introduced in January as a bill to enact changes to the Budget Act of 2020, however entirely rewritten on August 28, 2020 to include COVID-19 related provisions.
  • Creates COVID-19 Food Sector Supplemental Paid Sick Leave, requiring up to two weeks of COVID-19 Paid Sick Leave for food sector workers employed at businesses with 500 or more employees.
  • Provisions are retroactively effective as of April 16, 2020 and will expire on the later of December 31, 2020, or upon the expiration of any extension of the federal Emergency Paid Sick Leave Act.
  • One exception to the expiration noted above is where a covered food sector worker taking COVID-19 supplemental paid sick leave at the time of the expiration of this law shall be permitted to take the full amount of COVID-19 supplemental paid sick leave.
  • Also establishes COVID-19 Supplemental Paid Sick Leave for covered workers who leave their place of residence to perform work and are either employed by a hiring entity with 500 or more employees in the United States or who are employed as health care providers or emergency responders and are excluded from the federal FFCRA. These provisions became effective 10 days after being signed into law, and will expire on the later of December 31, 2020, or upon the expiration of any extension of the federal Emergency Paid Sick Leave Act.
  • One exception to the expiration noted above is where a covered worker taking COVID-19 supplemental paid sick leave at the time of the expiration of this law shall be permitted to take the full amount of COVID-19 supplemental paid sick leave.
  • Both forms of proposed Leave would be provided to eligible workers who are unable to work because they are subject to quarantine or isolation orders related to COVID-19, are advised to quarantine or isolate by a heath care provider for concerns related to COVID-19, or are prohibited from working due to health concerns related to possible transmission of COVID-19.
  • Leave would be provided based on the number of hours the individual works in a two-week period, up to 80 hours in total.
  • The new law also includes a mediation process for small employer family Leave.
Special Note for San Diego Employers
 
The San Diego City Council passed a provisional ordinance on September 8, 2020 which would have required employers with 500 or more employees to provide emergency Paid Sick Leave to San Diego employees for COVID-19 related reasons equivalent to that which is required of smaller employers by federal law. The ordinance provided exemptions for emergency responders, healthcare workers, parcel delivery workers and companies that provide at least 160 hours of Paid Sick Leave per year. The ordinance required a second vote prior to becoming effective. According to the City, the second vote on this ordinance will not occur now that AB 1867 has passed.
 
Emergency Temporary Standards on Work Exclusions, Face Coverings, Social Distancing
 
The Governor issued an executive order on Dec. 14, 2020 that requires employers’ written COVID-19 Prevention Program to use new standards recently issued by the state’s Division of Occupational Safety and Health Administration. These temporary, emergency measures were effective immediately upon issuance and make the following modifications to the length of time affected employees can be held out of work:
 
  • Employees testing positive for or exposed to COVID-19 must be excluded from the workplace for 10 days, with pay, from the date of last exposure for all symptomatic contacts. The previous standard for exclusion was 14 days.
  • Essential critical infrastructure workers can return to work after 7 days during staffing shortages if they received a negative PCR test result from a specimen collected after Day 5. This includes exposed asymptomatic health care workers and exposed asymptomatic emergency response and social services workers who work face to face with clients in the child welfare system or in assisted living facilities.
  • Exposed asymptomatic contacts must wear face coverings and maintain a distance of 6 feet from others through Day 14.
  • Longer exclusions are allowed where required by local health departments.
  • More information: Governor’s Executive Order N-84-20
City of Santa Rosa Emergency Paid Sick Leave 
 
This ordinance became effective July 7, 2020 and extends the requirements of the federal FFCRA emergency Paid Sick Leave law to larger employers.
 
  • Now applies to employers with 500 or more employees.
  • Requires the inclusion of healthcare providers and emergency responders.
  • Applies the highest compensation rate cap found in the FFCRA for both caring for oneself and for someone else .
  • Ordinance will apply through December 31, 2020.
  • More information: Santa Rosa Emergency Paid Sick Leave Ordinance.
County of San Mateo Supplemental Paid Sick Leave Ordinance
 
This ordinance became effective upon passage on July 8, 2020, requiring employers to provide supplemental Paid Sick Leave to employees who have performed work in unincorporated areas within the County since January 1, 2020.
 
  • Applies to employers with 500 or more employees.
  • Covers employees who have performed work in unincorporated areas within the County since January 1, 2020.
  • Employers must provide up to 80 hours of supplemental Paid Sick Leave to full time employees for reasons related to COVID-19.
  • Part time employees will receive a prorated amount of Leave based on the number of hours worked in a two week period.
  • Paid Leave will be provided at the employee’s regular rate of pay whether the reason for Leave is for the employee or to care for a family member.
  • Payments will be capped at $511 a day or $5,110 in the aggregate.
  • Employers can choose to exempt employees who are health care providers, aviation security workers, or emergency responders.
  • Ordinance will remain in effect through December 31, 2020.
  • More Information: San Mateo Supplemental Paid Sick Leave Ordinance.
Los Angeles Supplemental Sick Leave Ordinance
 
  • The city issued an emergency order that extends two weeks of Paid Sick Leave benefits to employees working in Los Angeles who cannot work or telework due to the following reasons related to COVID-19:
    • The employee must isolate or self-quarantine
    • The employee is at least 65-years-old or has a vulnerable health condition
    • The employee must care for a family member who is not sick but in isolation or self-quarantine or
    • The employee must care for a family member whose school or care provider is closed
  • To be eligible, employees must work for an employer with a workforce of 500 or more in the city or 2,000 or more in the U.S. between the dates of February 3, 2020 to March 4, 2020. Employers may not require a doctor’s note.
  • These provisions are in effect from April 7, 2020 until two weeks after the COVID-19 local emergency has expired.
  • More information: L.A. Mayor Emergency Order.
Oakland Emergency Paid Sick Leave
 
On May 12, 2020, the City of Oakland adopted an ordinance that requires employers to provide Emergency Paid Sick Leave – up to $511 a day or $5,110 total – to full- and part-time employees in the city unable to work due to the following impacts of COVID-19, including:
 
  • Government quarantine order.
  • Self-quarantine advised by health care provider.
  • Experiencing COVID-19 symptoms and seeking a diagnosis.
  • Caring for a child whose school or child care center is closed.
  • Are at least 65 years of age and have underlying health risks or must care for a family member with COVID-19 (Applies to businesses with more than 50 employees).
  • More information: Oakland Emergency Paid Sick Leave Ordinance.
Sacramento Worker Protection, Health, and Safety Act
 
  • This ordinance became effective July 15, 2020, essentially requiring larger employers to provide emergency Paid Sick Leave as required of smaller employers under the federal Families First Coronavirus Response Act (FFCRA). 
  • Requires employers with 500 or more employees to provide supplemental Paid Sick Leave to employees for reasons relating to COVID-19.
  • Employers must provide up to 80 hours of Leave to full time employees and two weeks equivalent Leave to part time employees.
  • Ordinance set to expire on December 31, 2020; however the City of Sacramento will evaluate the impacts and effects of the ordinance within 90 days of its effective date.
  • More Information: Sacramento Worker Protection, Health, and Safety Act.
San Francisco Paid Sick Leave
 
The San Francisco Office of Labor Standards Enforcement issued new guidance on the use of San Francisco Paid Sick Leave during the current local health emergency.
 
  • This supersedes the previous guidance issued on March 24, 2020.
  • Increases the number of days an employee may take leave without being required to show documentation from three to five days.
  • Changes the reasons for which leave may be taken to include time off for the employee, or a family member in their care, to receive a COVID-19 vaccination, or to deal with the side effects of that vaccination.
  • The provision under the previous guidance which allowed people in a “vulnerable population” to take leave has been removed.
  • Read Full Bill
San Francisco Workers and Families First Program
 
  • The city is using $10 million in public funds to provide 5 additional sick days to private-sector workers affected by COVID-19.
  • This Leave is over and above existing Leave policies. To receive the additional Sick Leave:
    • Employees must first exhaust their available Sick Leave
    • Employees must exhaust or be ineligible for federal and state supplemental Sick Leave and
    • Employers must agree to extend Sick Leave beyond current benefits
  • More information: Office of Workforce and Economic Development.
San Jose Paid Sick Leave Ordinance
 
  • An April 7 city ordinance requires certain San Jose employers to provide two weeks of Paid Sick Leave to employees who cannot work due to the impacts of COVID-19. The ordinance applies to employers who are not required to provide Emergency Paid Sick Leave under the federal Families First Coronavirus Response Act (FFCRA).
  • The city ordinance entitles employees to Paid Sick Leave if:
    • They or someone they are caring for are under quarantine or isolation orders
    • They are advised by a health-care provider to self-quarantine
    • They have symptoms of COVID-19 and are seeking a diagnosis or
    • They are caring for their child whose school or daycare is closed
  • Employees will receive their regular pay, up to $511 a day and a total of $5,110 if the leave is for self-care. If an employee is caring for someone else, they’ll receive two-thirds of regular pay, up to $200 a day and total of $2,000.
  • There are exemptions for employees who can work from home and for employers who offer an equivalent amount of paid personal Leave.
  • These provisions are in effect from April 8, 2020 to December 31, 2020.
  • More information: San Jose Emergency Sick Leave Ordinance.
Sonoma County Emergency Paid Sick Leave
 
New ordinance requires employers with 500 or more employees to provide supplemental Paid Sick Leave similar to that which is already required of employers with fewer than 500 employees under the federal Families First Coronavirus Response Act (“FFCRA”). 
 
  • The ordinance is temporarily effective from August 18, 2020 through December 31, 2020.
  • Requires employers to provide up to 80 hours of supplemental Paid Leave to full-time employees and two weeks equivalent of Leave for part-time employees if the individual is unable to work or telework due to specified reasons relating to COVID-19. Unlike the federal law, this ordinance does not provide an exception for health care providers, emergency responders, or union members.
  • Individuals who are covered under a similar ordinance in the city of Santa Rosa are excluded from this ordinance. 
  • Employers must grant employees Leave upon written request and may require the employee to inform them of the reason Leave is needed, however employers are not allowed to require documentation.
  • Leave must be paid at the employee’s full rate, up to $511 per day and $5,110 in the aggregate.
  • Employers must provide employees with a notice of their rights, as detailed in the ordinance.
  • The provisions of this ordinance will automatically extend if the FFCRA is extended beyond December 31, 2020 for as long as the FFCRA is active.
  • More information: Ordinance No. 6320.
Emergency Paid Sick Leave
 
  • The state adopted new rules creating temporary emergency Paid Sick Leave for employees in certain industries if they have flu-like symptoms or are being tested for COVID-19.
  • Employees are entitled to at least 4 days of Paid Sick Leave if they work in leisure and hospitality, food services, childcare, education at all levels, home health care, operating a nursing home, or operating a community living facility.
  • This temporary rule will be in effect for at least 30 days and up to 120 days.
  • More information: Colorado Department of Labor and Employment.
 
Healthy Families and Workplaces Act (SB205)
 
This new law creates the Healthy Families and Workplaces Act which requires all employers to provide Paid Sick Leave to their employees: 
 
  • Through December 31, 2020, this Act requires all employers in the state, regardless of size, to provide Paid Sick Leave for reasons related to COVID-19 in the amounts and for the purposes specified in the Federal Emergency Paid Sick Leave Act under the FFCRA. 
  • Beginning January 1, 2021 requires employers with 16 or more employees to provide Paid Sick Leave to be accrued at a rate of one hour of Leave for every 30 hours worked, up to a maximum accrual of 48 hours. 
  • Beginning January 1, 2022 requires employers with 15 or fewer employees to provide Paid Sick Leave to be accrued at a rate of one hour of Leave for every 30 hours worked, up to a maximum accrual of 48 hours. 
  • More information: Healthy Families and Workplaces Act.
COVID Vaccination Leave Congressional Review Emergency Amendment Act of 2022
 
Amends the Accrued Sick and Safe Leave Act of 2008 on an emergency basis to provide paid time off for COVID vaccinations and recovery. 
 
  • Also amends the D.C. FMLA to extend existing unpaid leave available for COVID-related purposes.
  • Effective immediately upon signature and remains in effect for 90 days. 
  • Read full bill 
COVID Vaccination Leave Temporary Amendment Act of 2021
 
This bill has passed the required 30-day period of Congressional review and therefore has become law on a temporary basis.
 
  • New law is effective February 18, 2022, through October 1, 2022.
  • Law extends provisions previously provided under emergency bills B404 and B620.
  • Temporarily amends the Accrued Sick and Safe Leave Act of 2008 to provide time off for COVID-19 vaccinations and recovery from side effects.
  • Two hours of leave will be granted to employees for each injection, as well as up to eight hours of leave, if necessary, after the injections for recovery from any side effects. 
  • A total of up to 48 hours of leave may be taken per year. 
  • The District of Columbia Family and Medical Leave Act of 1990 was also temporarily amended to allow for unpaid COVID-19 leave which would allow employees up to sixteen weeks of leave for specified COVID-related reasons every two years. 
  • The law also repeals certain sections of the Coronavirus Support Temporary Amendment Act of 2021.
  • Read Full B24-0405 Bill
Fiscal Year 2022 Budget Support Emergency Act of 2021 – Universal Paid Leave
 
The Fiscal Year 2022 Budget Support Act of 2021, known as bill B285, has passed Congressional review and became effective immediately on November 13th as Act A24-0176 and Law L24-0045. 
 
  • This new law makes permanent several amendments which have been in effect on an emergency basis from October 1 through November 21, 2021, through the emergency bill B373.
  • The law makes several amendments to the Universal Paid Leave Amendment Act of 2016 including increasing the maximum duration for qualifying medical leave from two workweeks to six workweeks and allowing two workweeks of pre-natal leave.
  • The D.C. Chief Financial Officer will be tasked with updating estimates of the projected cost of the paid leave program by March 1st of each year and to project what level of employer contributions is necessary to maintain the program and planned benefit expansions.
  • Paid-leave benefit expansion and employer contribution rate changes will be applicable on July 1st of each year.
  • Paid leave benefits will be expanded in a stepped approach outlined in the Act resulting ultimately in two weeks of prenatal leave, and twelve weeks of parental, medical, and family leave.
  • More information​
Fiscal Year 2022 Budget Support Emergency Act of 2021 – District of Columbia Family and Medical Leave Act
 
  • The act amending Universal Paid Leave also amends the District of Columbia Family and Medical Leave Act of 1990 with a new definition of “employee,” requiring the employee be employed by the same employer for a least 12 months in the date on which the period of family or medical leave is to commence and have worked at least 1,000 hours for the employer during that 12-month period.
  • Congressional approval November 13, 2021 made several amendments, have been in effect on an emergency basis from October 1 through November 21, 2021, permanent.
  • Read full bill​
Public Emergency Extension
 
  • The District of Columbia has temporarily extended COVID-19 Leave under DC FMLA and paid public health emergency leave through November 5, 2021. The extension was part of the Coronavirus Support Temporary Amendment Act of 2021. This emergency bill:
  • Removes language from several amendments which ties effective times from “during the COVID-19 public health emergency” to March 11, 2020 through November 5, 2021.
  • Became effective immediately on an emergency basis through October 22, 2021 as Act A24-0125.
  • After final approval, this temporary version remains in effect for 225 days, superseding the emergency bill which can only remain in effect for 90 days.
  • More information: Public Emergency Extension Bill
COVID Vaccination Leave Emergency Amendment Act of 2021
 
On November 18, 2021, the D.C. Mayor signed emergency legislation providing paid time for the reasons noted below. Effective immediately, the bill:
 
  • Ensures paid time off and job protection for both COVID-19 vaccination and recovery from any side effects from vaccination.
  • Provides employees and their children up to 2 hours per injection and 8 hours for recovery. This is capped at a total of 48 hours per one year.
  • Employers may require employees provide documentation of the date and time of vaccination.
  • The Emergency Act will remain in effect for not more than 90 days, or until February 16, 2022.
  • More information: COVID Vaccination Leave Emergency Amendment Act of 2021.
Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020
 
Effective immediately through November 15, 2020 this Act overrides or replaces several COVID-19 related emergency orders and repeals several orders which have expired. This Act temporarily amends several existing laws during the COVID-19 public health emergency including the District of Columbia Family and Medical Leave Act of 1990 and the Accrued Sick and Safe Leave Act of 2008.
 
District of Columbia Family and Medical Leave Act of 1990 amendments include:
 
  • Requirements that employers provide up to 16 weeks of COVID-19 Leave to any individual employed by the employer for at least 30 days prior to the request for Leave.
  • Employee entitlements to Leave if they are unable to work during the COVID-19 public health emergency due to:
    • A 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;
    • A need to care for a family member or an individual with whom the employee shares a household who is under a government or health care provider's order to quarantine or isolate; or
    • A need to care for a child whose school or place of care is closed or whose childcare provider is unavailable to the employee.
  • Outlines what employers may require as reasonable certification.
Accrued Sick and Safe Leave Act of 2008 amendments include:
 
  • Requires employers with 50-499 employees to provide Paid Public Health Emergency Leave to any individual employed by the employer for at least 15 days prior to the request for Leave.
  • Requires employers to provide paid Leave to an employee in an amount sufficient to ensure that an employee who must be absent from work for covered reasons be able to remain away from work for two full weeks of work up to 80 hours, or, for a part-time employee, for the usual number of hours the employee works in a two week period.
  • The employee must be compensated at their regular rate of pay.
  • Leave may be taken for any of the reasons for which federal Paid Leave is available pursuant to section 5102 of the Families First Coronavirus Response Act, approved March 18, 2020.
  • View the Act.
Paid Sick Leave for COVID-19 – School Employees
 
This new law allows for school employees to take paid leave for reasons associated with COVID-19 without using other accrued forms of leave, such as paid sick leave.
 
  • To be eligible for this new leave entitlement, employees must be fully vaccinated, including any boosters, within five weeks of when the bill was signed on April 5, 2022. 
  • The law would also restore any sick leave taken by fully vaccinated employees during the 2021-2022 year if the reasons for the leave were for verifiable COVID-19 related reasons.
  • Read Full Bill
Chicago Expands Paid Sick Leave Reasons
 
Effective August 1, 2021, an amended Chicago city ordinance expands paid sick leave for the following reasons:
 
  • The covered employee is ill or injured, or is receiving professional care, preventive care, diagnosis, or treatment, for medical, mental, or behavioral issues, including substance use disorders.
  • A member of the covered employee’s family is ill, injured, or ordered to quarantine, or to care for a family member receiving professional care, including preventive care, diagnosis or treatment, for medical, mental, or behavioral issues, including substance use disorders.
  • The covered employee, or family member, is the victim of domestic violence, or a sex offense, or trafficking in persons.
  • The covered employee’s place of business is closed by order of a public official due to a public health emergency, or the covered employee needs to care for a family member whose school, class, or place of care has been closed.
  • A covered employee obeys an order issued by the Mayor, The Governor of Illinois, the Chicago of Department of Public Health, or a treating healthcare provider that requires the employee to either:
    1. Stay at home to minimize the transmission of a communicable disease;
    2. Remain at home while experiencing symptoms or sick with a communicable disease; or
    3. Obey a quarantine order or isolation order issued to the covered employee.
 
 
Chicago - Earned Paid Sick Time Amended Ordinance (Ordinance SO2020-2343)
 
This May 2020 amendment is a 2nd amendment to an existing Paid Sick Leave ordinance which was itself recently amended in December 2019 to become effective in July 2020. 
 
  • This 2nd amendment expands employment protections to employees for reasons relating to COVID-19.
  • Included in this amendment was the revision of the definition of “Covered Employee” to correct what the City has called a “…scrivener’s error that erroneously removed groups previously subject to the Paid Sick Leave portions of the Minimum Wage and Paid Sick Leave Ordinance.”
  • More information: Earned Paid Sick Time Amended Ordinance.
COVID-19 Paid Leave for School Employees
  • New law requires school administrators to grant up to 15 days paid leave to a public-school employee who is ill due to COVID-19.  
  • The employee can take a leave for specified reasons, including:
    • Quarantine
    • Symptoms
    • Medical diagnosis
    • Care of a quarantined individual or a child whose place of care closed 
  • Read the Full Bill. 
COVID-19 Emergency Paid Sick Leave Extended 6 Months
The Commonwealth of Massachusetts approved a bill that extends COVID-19 Emergency Paid Sick Leave through April 1, 2022. The measure was set to expire September 30, 2021. The bill also extends leave for the following reasons:
 
 
COVID-19 Paid Leave
 
Massachusetts’ Unemployment Insurance Trust Fund legislation addresses funding for COVID-19 emergency paid leave. The legislation:
 
  • Approves tax credits for employers who provide COVID-19 emergency paid sick leave and makes adjustments to employer’s unemployment contributions through December 31, 2022. 
  • Revises the amount at which employees would be compensated for leave time, how employers would be reimbursed for leave payments, and when the emergency leaves would sunset.  
  • Vetoes part of the bill that would have required employers to provide COVID-19 emergency paid leave and has instead offers proposed revisions for the legislature to consider.  The Hartford will continue to monitor and update as developments arise.
More information:
 
Catastrophic Health Emergency – Unemployment Insurance
 
  • This is a job protection measure that allows employees to receive Unemployment Insurance  when they can’t work due to COVID-19 closures, quarantine or illness without fear of losing their job.
  • Maryland employers cannot terminate an employee who has been required to quarantine or isolate.
  • More information: Maryland General Assembly HB 1663
Pandemic Flu Attendance & Leave Policy for State Employees
 
  • The Maryland Governor elevated this policy to a Level II, which gives the state flexibility in schedules, telework and employee Leave in order to continue essential services.
  • State employees caring for family member can use accrued annual, personal Leave or compensatory time. Employees can also request advanced Sick Leave.
  • More information: Maryland Office of Personnel Service and Benefits
Executive Order: Protecting Workers Who Stay Home
 
  • The Governor’s April 3, 2020 Executive Order prohibits employers from discharging, disciplining or retaliating against workers who are ordered to remain at home because they:
    • Test positive for COVID-19 or have at least one of the major symptoms
    • Had close contact with someone who tested positive or is symptomatic
  • If an employee has no Paid Leave, the Leave may be unpaid. Whether paid or unpaid, the length of Leave must extend as long as the employee is away from work due to the order.
  • The Governor’s Order does not apply to:
    • Health care professionals
    • Workers at a health care facility.
    • First responders (e.g., police officers, fire fighters, paramedics).
    • Child protective service employees
    • Workers at child caring institutions
    • Workers at correctional facilities
  • For more information: Michigan Governor’s Executive Order.
Paid Leave for State Employees
 
  • The Governor’s Executive Order grants Paid Leave to state employees who cannot work due to being quarantined at home or with a family member or if their workplace is closed in response to COVID-19.
  • More information: Governor’s Executive Order No. 1458.
Expansion of Temporary Disability (TDI) and Family Leave (FLI) Insurance
 
Expansion of Paid Sick Leave
 
  • The law also allows employees to use earned Sick Leave if they are advised by their healthcare provider to isolate or quarantine or care for someone who must isolate or quarantine.
Expansion of New Jersey Family Leave Act (FLA)
 
During a state of emergency declared by the Governor, or as ordered by the Commissioner of Health or other public health authority, an employee is eligible for the amended FLA to care for a family member by reason of any of the following:
 
  • An epidemic of a communicable disease,
  • A known or suspected exposure to a communicable disease, or
  • Efforts to prevent the spread of a communicable disease for any of the following:
    • Care or treatment of their minor child due to school or day care closure by public order;
    • Public health authority’s mandatory quarantine or issuance of prophylactic measures imposed on the family member because their presence in the community would jeopardize the health of others; or
    • Public health authority or health care provider’s recommendation that the family member voluntarily quarantines because their presence in the community would jeopardize the health of others.
  • More information: 
Leave Time for COVID-19 Vaccination
  • The existing law provides time off for COVID-19 vaccination through December 31, 2022.
  • The new law extends the vaccination time off through December 31, 2023.
 
Earned Safe and Sick Time Act – Amendments for Child Vaccination
 
The New York City Council amended the Earned Sick and Safe Time entitlements to include time off for “COVID-19 child vaccination time.” 
 
  • Allows an employee who is a parent of a child under the age of 18 to take up to four hours of time off for each COVID-19 vaccine injection per each child. 
  • Time may be used to accompany a child to receive a COVID-19 vaccine injection or to care for a child who cannot attend school or childcare due to temporary side effects from the injection.
  • The definition of “parent” is also expanded to include “a person who stands in loco parentis.”
  • The new law took effect immediately upon approval and is deemed to have been in effect retroactively since November 2, 2021. 
  • The law will expire and be automatically repealed on December 31, 2022.
 
Public Employees Protected When Taking COVID-19 Sick Leave
 
A new law prohibits public employers from dismissing or retaliating against public employees for using sick leave or compensatory time to quarantine, convalesce, seek medical treatment, or engage in other activities related to a COVID-19 diagnosis or contact. Employers cannot designate the employee as chronically absent for taking the leave.
This protection took effect March 1, 2020.
 
Time off for COVID-19 Vaccination
 
The state of New York passed a bill that allows time off for COVID-19 vaccination. It took effect March 12, 2021 and will expire on December 21, 2021. 
 
The law:
 
  • Gives all private and public employees up to four hours of paid leave to get a COVID-19 vaccination. This leave applies to each vaccination so a total of eight hours may be granted if two shots are needed. 
  • Requires that leave must be granted along with any other paid leave for which the employee is entitled.
  • Allows leave to be employer funded and paid at the employee’s regular rate.
  • Prohibits discrimination or retaliation for requesting or using this form of leave 
  • Is silent as to notice requirements as well as leave taken prior to the effective date.
 
Emergency Paid Sick Leave, Disability and Paid Family Leave Law
 
Emergency Amendment to Paid Family Leave Regulations
 
On March 27, 2020, the state amended its Paid Family Leave Law to clarify the definition of “serious health condition” includes a COVID-19 diagnosis by a health provider. Under this clarification:
 
  • An employee may receive NY PFL benefits to care for a family member with COVID-19.
  • The change was effective immediately and is a 90-day temporary regulation.
 
Suspension of Paid Sick Leave Benefits for Travelers (EXECUTIVE ORDER 202.45)
 
Governor’s Executive Order Continuing Temporary Suspension and Modification of Laws Relating to Disaster Emergency
 
  • Individuals who travel voluntarily to areas with positive COVID-19 test rates higher than 10 per 100,000 residents after June 25, 2020 will become ineligible for this leave provision.
  • The restriction does not apply to employees traveling for work at the request of their employer.
  • More information: New York’s Paid Leave for COVID-19
Expansion of Paid Leave Reasons
 
An existing Nevada paid leave law that requires employers with 50 or more employees to grant earned paid leave, was expanded to require employers to provide two to four hours of additional paid leave to allow employees to receive a COVID-19 vaccination. The number of hours depends on the number of doses required. This vaccine leave provision is in effect from June 9, 2021 to December 31, 2023.
 
The existing law was also modified so that the reasons for which regular paid leave could be taken to include:
 
  • Treatment of a medical or physical illness, injury, or health condition
  • Receiving a medical diagnosis or medical care
  • Receiving or participating in preventative care
  • Participating in caregiving; or
  • Addressing other personal needs related to the health of the employee
More Information: Paid Leave Law Expansion
Oregon Public Health Emergency Ends
 
Effective April 1, 2022, the State of Oregon’s Executive Order (EO) No. 22-03 terminated Oregon’s COVID-19 State of Emergency and rescinded several earlier Executive Orders relative thereto. This includes ending temporary modification of the State’s Family Leave Act that allowed eligible employees to take leave for expanded reasons during a public health emergency, such as COVID-19. Employees with an existing leave qualifying under the Oregon Public Health Emergency between January 1, 2022 through March 31, 2022, will be able to use any remaining approved time and will not experience a change.
For more details please visit the State of Oregon Newsroom and read Executive Order No. 22-03.
 
Temporary Expansion of Oregon Family Leave Act (OFLA)
 
  • This new state order expands the reasons employees can take OFLA by allowing time off to stay home with a child whose school or childcare center is closed due to COVID-19.
  • The temporary rule runs through September 12, 2020.
  • More Information: Office of the Secretary of State.
COVID-19 Paid Leave Ordinance (Philadelphia)
 
The City of Philadelphia has issued a new temporary ordinance:
 
  • Requiring employers with 25 or more employees to provide paid COVID-19 leave to qualified employees. 
  • Employees who work 40 or more hours per week would be entitled to at least 40 hours leave.
  • Employees working fewer than 40 hours would be entitled to receive an amount equal to the time they are scheduled to work or actually work, whichever is greater, on average in a 7-day period.
  • Employees with variable schedules would be entitled to receive the average number of daily hours that the employee was scheduled to work over the previous 90-day period, multiplied by 7. 
  • The temporary changes will be effective March 9, 2022 until December 31, 2023. 
  • The Public Health Emergency Paid Sick Leave requirements previously in effect have all expired and are no longer applicable. 
  • Provides some exemptions to employers with generous paid leave policies or policies which provide an equal or greater amount of COVID leave under an existing policy.
  • Covers a broad range of reasons for which leaves may be taken that were not covered in previous versions, including time off for obtaining a vaccine booster and recovering from side effects. 
  • Read Full Bill
  • View COVID-19 Pandemic Paid Sick Leave Resources (Includes Workplace Poster)
 
Paid Leave for State Employees – Vaccination Incentive
 
The Governor has announced that Pennsylvania state employees fully vaccinated by December 31, 2021 will be granted up to five days of paid time off between December 20, 2021 and March 31, 2022. The Governor also announced that:
 
  • Unused leave will be paid as a lump sum.   
  • Unused COVID-19 emergency paid sick leave for state employees is extended to June 30, 2022.
  • More information: PA Vaccination Incentive Leave
 
Governor’s Emergency “Stay at Home” Orders Terminated, May Affect Pittsburgh Leave Law
 
Using a new state law, the Pennsylvania legislature on June 10, 2021 terminated, among other things, the governor’s emergency “stay at home” orders.
 
Note: The city of Pittsburgh’s Emergency Paid Sick Leave law sunsets when the governor’s emergency orders end or when the city declares the emergency has subsided, which comes first. So, in effect the legislature’s action ends Pittsburgh’s Emergency Paid Sick Leave Law.
 
 
 
Pittsburgh Temporary COVID-19 Paid Sick Leave
 
Effective July 29, 2021, a temporary Pittsburgh ordinance requires businesses with 50 or more employees to provide at least 80 hours of paid sick leave to employees who work at least 40 hours a week and need time off for specified reasons relating to COVID-19 and its variants. The ordinance is nearly identical to the similar provisions approved last year and which recently ended. However, the prior ordinance has been modified to include time off for any COVID-19 variant, as well as time off for the employee or a family member to obtain a vaccine or vaccine booster. Qualifying reasons for leave include:
 
  • Need to quarantine or isolate due to symptoms, exposure, or a positive test.
  • Need to care for a family member who needs to quarantine or isolate.
  • Time off for the employee or a family member to obtain a vaccine or vaccine booster.
Other provisions are:
 
  • Employees working fewer than 40 hours per week will receive the average time they would typically work in a 14-day period. 
  • All employees are qualified for this form of leave after 90 days of employment without any other waiting period or accrual requirement.
  • Employees can use this leave prior to using other forms of accrued leave.
The ordinance expires July 29, 2022.
 
 
 
Philadelphia
 
2021 Public Health Emergency Leave Amendment
 
The city has revised its 2020 Philadelphia Public Health Emergency Leave (PHEL) law that gives eligible full-time employees, who work at least 40 hours per week, up to 80 hours of COVID-19 related emergency leave. 
 
This legislation: 
 
  • Includes leave to receive or recover from COVID-19 vaccinations. Part time employees may qualify for a prorated amount of leave based on their average working hours.
  • Covers employees who have worked for at least 90 days and work at least 51% of their time within the City of Philadelphia or telework for an employer within the City.
  • Provides for a leave entitlement that is in addition to all other paid leave including PHEL taken in 2020, unless the employer offers at least 160 hours of paid leave which can be taken for the same purposes.
  • Requires employers to notify employees of their rights under this law. See below for model poster provided by the City.
  • These leaves are effective from March 29, 2021 through one week after the end of a public health emergency.
More information: 
 
Amended Paid Sick Leave Bills
In response to the pandemic, the city adopted two paid sick leave bills that expand its “Promoting Healthy Families and Workplaces Ordinance” by extending benefits to certain employees. One bill makes permanent changes and one makes temporary changes.
 
Permanent changes – Health Care Workers
 
  • Requires employers of health care workers to compensate them for lost wages and medical expenses if they contract a communicable disease during a pandemic or epidemic which affects the City.
  • To qualify, employees must work at least 40 hours over a three-month period prior to contracting the disease.
  • More information: Health Care Employee Amendment.
Temporary changes – Public Health Emergency
Expires on December 31, 2020
 
  • Provides Public Health Emergency Leave for employees not covered by the federal Families First Coronavirus Response Act (FFCRA).
  • Requires all employers to provide leave when employees are unable to work during a public health emergency.
  • Employee may take Leave if:
    • Subject to quarantine or isolation orders
    • Advised by a health care provider to self-quarantine
    • Experiences symptoms related to the health emergency
    • Is seeking medical diagnosis. 
    • Caring for someone who falls into the previous categories for leave
    • Caring for a child whose school or place of care is closed or unavailable
  • Covered individuals who work more than 40 hours/week shall receive 80 hours of leave or the average hours worked per day multiplied by 14, up to 112 hours, whichever is greater. 
  • Covered individuals who work fewer than 40 hour/week are entitled to the average amount of hours they work in a 14-day period.
  • More information: Public Health Emergency Amendment and City of Philadelphia COVID-19 Paid Sick Leave Resources.
 
Pittsburgh Paid Sick Leave for COVID-19
 
The city of Pittsburgh’s Temporary COVID-19 Paid Sick Leave Ordinance took effect on Dec. 9, 2020 for all employers with 50 or more employees. It will remain in effect until the emergency declaration of the city or state expire. The new ordinance:
 
  • Provides up to 80 hours of paid Sick Time for full-time employees who are exposed to COVID-19, exhibiting symptoms or are seeking a diagnosis or related to COVID-19. 
  • Extends leave to employees who need to care for a family member for these COVID-19 related reasons. 
Eligible Employees
 
  • Must work for their employer for at least 90 days and work at least 51% of their time in Pittsburgh, or
  • Normally work in the city but are teleworking from another location 
  • Part-time employees are entitled to Paid COVID-19 Sick Time based on what they would normally be scheduled to work in a 14-day period.
Administration with other leave
 
  • The temporary COVID-19 paid leave must be provided in addition to any other paid sick time including leave required by the Pittsburgh Paid Sick Days Act (PSDA). 
  • Requires employers make up to 40 hours of PSDA leave available to all employees, immediately upon hire, if the need for leave is COVID-19 related.
More information: Text of Ordinance
Emergency Paid Sick Leave Act
 
Effective April 9, 2020, employers are required to provide five additional days of Emergency Paid Sick Leave for employees ill with or have symptoms of COVID-19.
 
  • To receive the benefit, employees must use up all accrued Leave first.
  • Certain employees, including executives, are exempt.
  • The law applies to any future pandemic in which a state of emergency is declared.
  • More information: Puerto Rico Department of Labor Laws (Spanish Version).
  • NOTE: English version not yet available.
Expansion of Unemployment Insurance and Benefit Rules
 
  • Washington has expanded certain rules for receiving Unemployment Insurance and Paid Family and Medical Leave (PFML) for employees affected by COVID-19.
  • Employees who must isolate or quarantine and do not receive Paid Sick Leave from their employer may get Unemployment Insurance (UI) benefits.
  • Workers forced to quit their job because they are sick may qualify for PFML, and once recovered, apply for UI.
  • State employees affected by COVID-19 are also entitled to additional Leave.
High-Risk Workers’ Rights Proclamation
 
  • This provides job protection to employees considered high risk for COVID-19, defined by the CDC as 65 years or older and those of any age with underlying medical conditions. The proclamation:
    • Requires employers to provide alternate work arrangements, if requested
    • Allows those employees to use available accrued Leave or unemployment insurance if alternative work arrangements aren’t feasible.
    • Requires employers to fully maintain all employer-related health insurance benefits in case those employees use up all their Paid Time Off during Leave.
    • Prohibits employers from retaliating against employees for exercising their rights
  • These rights are effective from April 14, 2020 through June 12, 2020.
Revisions to Shared Leave Program for State Employees
 
  • The state has modified its shared Leave program to allow state employees to receive Leave from fellow employees if they are isolated or quarantined due to COVID-19.
  • The new law also does not require a state worker to use up all annual or Sick Leave before receiving shared Leave.
  • More information: Washington State Legislature HB 2739.
Food Production Workers Paid Leave
 
Washington State’s Governor has issued a new proclamation which modifies existing proclamations that impact COVID-19 absences. 
 
  • New order requires any food.
  • production employer who operates between August 18, 2020 and November 13, 2020 to provide its workers with emergency supplemental Paid Sick Leave for reasons relating to COVID-19. 
  • Proclamation covers workers who are employees or independent contractors, including domestic workers, seasonal or migrant workers, and temporary foreign workers who are working lawfully in the United States. 
  • Leave must be granted for COVID-19 related medical needs or quarantine of the employee but does not extend to cover the care of another.
  • The Washington State Department of Commerce has developed a guide for employers which includes information determining eligibility and calculating Leave as well as how to receive reimbursement from the state for granting paid Leave under this Proclamation.
  • Proclamation Text
  • Employer Guide
Employers should be aware that various states, counties, and regions have been issuing orders temporarily prohibiting employers from requiring a healthcare provider’s note or certification to validate the illness or return to work. 
 
 
7784 NS 10/22
This informational material is subject to change as The Hartford continues to receive guidance from states and municipalities. It shall not be considered legal advice. The Hartford assumes no responsibility for legal compliance with respect to an employer’s business practices, and the views and recommendations contained herein shall not constitute The Hartford’s undertaking on a company’s behalf, or for the benefit of others, to determine or warrant that an employer’s business operations are in compliance with any law, rule, or regulation. Employers seeking resolution of specific legal or business issues, questions, or concerns regarding this topic should consult their own attorney or business advisors; and employees should continue to consult their employers’ Human Resources or other employment benefits department for guidance on the application of any law, rule, or regulation.
The Hartford Financial Services Group, Inc., (NYSE: HIG) operates through its subsidiaries, including underwriting companies Hartford Life and Accident Insurance Company and Hartford Fire Insurance Company, under the brand name, The Hartford,® and is headquartered at One Hartford Plaza, Hartford, CT 06155. For additional details, please read The Hartford’s legal notice at www.thehartford.com.