Select State and Local Temporary COVID-19 Provisions
In response to the COVID-19 outbreak this year, many existing paid sick leave laws in states and local jurisdictions have been enacted to provide for certain benefit and leave protections. Following are highlights of recent state and local developments with regard to these temporary COVID-related leaves of absence laws. For additional explanation about these developments, as well as other temporary COVID-related state and local laws, see our Chart of State Leave Laws and Temporary COVID-19 Leave Laws in the CBIZ Employer Compliance Handbook: COVID-19's Impact on Benefits and Employment.
State of California
- COVID-19 Supplemental Paid Sick Leave. Governor Newsom signed a law (AB 1867) on September 10, 2020 which requires employers to provide paid sick leave to all of their workers who contract coronavirus. The law applies to employers employing 500 or more employees who were exempted in the federal Families First Coronavirus Response Act (FFCRA), as well as first responders and healthcare workers whose employers opted not to cover their employees under federal law. The law took effect September 19, 2020 and sunsets on December 31, 2020, unless the FFCRA is extended. Employers are required to post a notice at their workplace, or provide it electronically to remote employees. The Labor Commissioner provides a model notice that can be used. In addition, the Labor Commissioner has issued FAQs regarding the supplemental paid sick leave.
- COVID-19 Reporting and Notification Requirements. Beginning January 1, 2021, all California private and public employers are required to notify employees of a potential workplace exposure to COVID-19, as well as notify local health authorities of a COVID-19 outbreak. Within one day of notice of a potential exposure to COVID-19, the employer must notify all employees that were around the affected individual, while maintaining the confidentiality of information pertaining to the individual consistent with state and federal law. Cal/OSHA provides FAQs about these requirements. This provision is scheduled to sunset on January 1, 2023.
The Sacramento County Board of Supervisors passed the Sacramento County Worker Protection, Health and Safety Act of 2020 requiring employers to provide supplemental paid sick leave. The ordinance takes effect October 1, 2020 and expires December 31, 2020.
The District of Columbia’s temporary expansion of its Family and Medical Leave Act providing for up to 16 weeks of unpaid, job-protected COVID-19 leave to employees working in the District has been extended through October 9, 2020.
The Mayor of Philadelphia signed amendments to Philadelphia’s Promoting Healthy Families and Workplaces law on September 17, 2020 to provide paid public health emergency leave to employees, gig workers, and others who do not receive leave under the federal Families First Coronavirus Response Act (FFCRA). The emergency leave requirements took effect immediately and expire on December 31, 2020.
The information contained in this article is provided as general guidance and may be affected by changes in law or regulation. This article is not intended to replace or substitute for accounting or other professional advice. Please consult a CBIZ professional. This information is provided as-is with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.