State and Local Coronavirus Leaves

In response to the coronavirus (COVID-19) pandemic, states have passed new laws and issued new regulations and guidance about employee leave taken for COVID-19 reasons. These provisions are in addition to the federal Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, passed on March 18 as part of the Families First Coronavirus Response Act (FFCRA).

In general, employee leave permitted under new state COVID-19 rules and guidance varies with respect to factors like which employers and employees are covered by the leave, the length and purpose of the leave, whether the leave is compensated and at what rate, and whether the leave is provided under a new law or rule, or covered under an existing provision.

This Bulletin describes new state employee leave provisions and guidance enacted or issued in response to the COVID-19 pandemic, along with links to government resources providing further information. Information about similar measures in select major cities is also included. Jurisdictions covered in this bulletin include the following:

• California (new as of 3/29/21, but retroactively effective to 1/1/21 and expires 9/30/21)
  • Also discusses local leave laws in Long Beach (5/19/20), Los Angeles (expanded 2/10/21), unincorporated Los Angeles County (expanded 1/26/21), Oakland (extended 1/19/21), Sacramento (extended through 3/31/21), San Francisco (amended 2/1/21), and San Jose (extended 1/5/21)
  • Additional localities such as San Mateo County, Sonoma County, Santa Rosa, and others have passed similar measures but are not covered here
• Colorado (new as of 1/1/21)
• Connecticut
• D.C. (emergency legislation through 6/15/21)
• Illinois (plus a new 4/21/21 Chicago ordinance)
• Massachusetts
• Michigan (amended 12/29/20)
• Nevada
• New Jersey
• New York (added a new vaccination leave law 3/12/21 effective through 12/31/22)
• Oregon
• Philadelphia (3/29/21) and Pittsburgh (12/9/20)
• Rhode Island
• Washington (4/21/21) and Seattle (effective through at least 12/31/23)

Employers should monitor the websites of your state departments of labor for new laws, rules and guidance about COVID-19-related employee leave.  This document is current as of May 3, 2021.

IMA will continue to monitor regulator guidance and offer meaningful, practical, timely information.

This material should not be considered as a substitute for legal, tax and/or actuarial advice. Contact the appropriate professional counsel for such matters. These materials are not exhaustive and are subject to possible changes in applicable laws, rules, and regulations and their interpretations.