This year has left many in a disarray with COVID-19, which resulted in the enactment of many new federal, state and local leave laws. These leave laws were enacted at different points throughout 2020 with the Families First Coronavirus Response Act (FFCRA) arriving early on April 1, 2020, and others like the Long Beach, California Supplemental Paid Sick Leave Ordinance coming later (May 19, 2020). Most of these laws were enacted with an expiration date, which means as leave managers, you need to be kept up-to-date in the coming months.
Given that this is such a busy time of the year, we wanted to help you stay informed on when these COVID-19-related leave laws are expected to end. Please note that the majority of these leaves have an end date of December 31, 2020, but with the pandemic still blazing across the county they could be extended.
Federal COVID-19 Leave Law
Families First Coronavirus Response Act (FFCRA)
The FFCRA was introduced at the beginning of the pandemic and consists of two components. The first component is the Emergency Family and Medical Leave Expansion Act (an extension of the Family and Medical Leave Act-FMLA) which provides 12 weeks of job-protected, partially-paid leave to eligible employees. The other component, known as the Emergency Paid Sick Leave Act, provides eligible employees with two weeks of paid sick leave. The FFCRA went into effect on April 1, 2020 and as of now ends on December 31, 2020.*
* Recent speculation was that the FFCRA would be extended with the current stimulus bill, however, according to the latest update on the FFCRA, from Jeff Nowak of Littler, that’s not entirely the case. This is what we know:
- Mandated FFCRA leave ends December 31, 2020.
- Covered employers may voluntarily provide emergency paid sick leave or emergency paid FMLA under the FFCRA and take the tax credit connected to this leave, as of January 1, 2021.
- This tax credit can be used for leave until March 31, 2021.
State COVID-19 Leave Laws
The California COVID-19 Supplemental Paid Sick Leave went into effect on September 9, 2020 for food sector workers, non-food sector employees (referred to as “hiring entities”), and public entities (e.g. healthcare providers and emergency responders). This leave law is set to expire on December 31, 2020. If the FFCRA is extended, the California COVID-19 Supplemental Paid Sick Leave will be extended to the same date as the federal law.
The Colorado COVID-19 Emergency Paid Sick Leave went into effect on July 15, 2020 and was created by and included in the Healthy Families and Workplaces Act. The leave reasons and entitlement for this leave are in accordance with the Emergency Paid Sick Leave Act (EPSLA) of the FFCRA. The purpose of this leave is to extend coverage to all employers, including those with 500 or more employees. The Colorado COVID-19 Emergency Paid Sick Leave is set to expire on December 31, 2020.
District Of Columbia
D.C. Family and Medical Leave
D.C. enacted the D.C. ACT 23-326 - COVID-19 Support Emergency Amendment Act (CSEA) on May 27, 2020, to temporarily amend the DCFMLA. This Act expands the coverage of job-protected leave for COVID-19 and is set to expire when the COVID-19 public health emergency expires, on December 31, 2020.
D.C. Paid Public Health Emergency Leave
The D.C. ACT 23-326 - COVID-19 Support Emergency Amendment Act (CSEA) also amended the D.C.’s Accrued Sick and Safe Leave Act of 2008. The amendment adds a new section, 32-532.021. Paid Public Health Emergency Leave Requirement, and applies to employers with between 50 and 499 employees, excluding employees who are healthcare providers. The Paid Public Health Emergency Leave requirement expires on the date the COVID-19 public health emergency expires, on December 31, 2020.
City COVID-19 Leave Laws
Los Angeles County
The Los Angeles County Board of Supervisors enacted a Supplemental Paid Sick Leave Ordinance, which applies to private employers with 500 or more employees in the U.S who aren’t covered by the FFCRA. This ordinance came into effect on April 28, 2020, however employers are obligated to provide this leave retroactively from March 31, 2020. This leave will be in effect until December 31, 2020, unless extended by the County.
Oakland enacted a Supplemental Paid Sick Leave Ordinance on May 12, 2020, which applies to employers with 50 or more employees. Small employers with less than 50 employees are exempt with the exception of unregistered janitorial employers and franchisees who belong to franchisor networks that employ more than 500 employees in total. This ordinance is in effect until December 31, 2020, unless otherwise extended.
Philadelphia amended the “Promoting Healthy Families and Workplaces” Chapter 9-4100 of the Philadelphia Code, effective September 17, 2020. Under this amendment, employers with 500 or more employees are required to provide this paid sick leave in relation to COVID-19 and it is effective until December 31, 2020.
The City of Sacramento enacted an Emergency Paid Sick Leave Ordinance, which went into effect on July 15, 2020. This ordinance covers employers with 500 or more employees nationally. The Sacramento Worker Protection, Health and Safety Act requires that employers provide Supplemental Paid Sick Leave and also allows employees the right to refuse work under certain conditions, while requiring employers to implement safety protocols and practices. This ordinance is in effect until December 31, 2020.
San Francisco enacted the Public Health Emergency Ordinance (PHELO) on April 17, 2020. This ordinance covers employers with 500 or more employees to address the gap in emergency paid leave coverage created by the FFCRA. This ordinance applies to employees who work full-time or part-time within the City and is effective until December 31, 2020.
The City of San José issued the Urgence Ordinance No. 30390 which came into effect on April 7, 2020. Eligible employees include those who work for essential businesses located within San José’s geographical boundaries, including businesses with less than 50 or more than 500 employees. This ordinance is meant to fill gaps in the federal FFCRA and is effective until December 31, 2020.
The City of Santa Rosa enacted and made effective its Temporary Sick Leave Ordinance on July 7, 2020. This ordinance covers all private employers and applies to employers with 500 or more employees nationally. This ordinance also covers employees who are healthcare providers and emergency responders and is effective until December 31, 2020.
We understand that this past year has been daunting for everyone, and we hope that this update can help leave case managers navigate these uncharted waters more easily. Make sure to subscribe to our blog and follow us on Twitter, Facebook and LinkedIn for more leave law news and updates!
Want the most up-to-date information about COVID-19 related leaves? Check out our our parent company Presagia's COVID-19 Best Practice Guide!