Coronavirus (COVID-19): State and Local Leave Laws
Author: XpertHR Editorial Team
NOTE: A New York federal district court ruling struck down the following portions of the regulations implementing the Families First Coronavirus Response Act (FFCRA): the work-availability requirement; the definition of health care provider; restrictions on intermittent leave; and employee documentation requirements. New York v. United States DOL, +2020 US Dist. LEXIS 137116.
The geographic scope of the court's ruling remains unclear. Further, whether the Department of Labor will appeal this decision, issue revised guidance or publish new rules to reflect the court decision remains unknown. XpertHR will continue to monitor any developments in connection with the court ruling and update, if applicable.
This resource collects coronavirus developments related to employee leaves on the federal, state and local level. It will be continually updated and added to as developments with the coronavirus (COVID-19) pandemic unfold.
Covered employers may be required to provide employees job-protected leave based on federal, state or local law, and in some instances, paid sick leave or family leave to eligible workers. Among other requirements, leave laws generally specify the qualifying reasons for leave. While several of these laws already contain protections when there is a public health emergency, some jurisdictions have issued various measures such as rules, guidance and FAQs expanding and/or clarifying employees' leave rights in light of the COVID-19 pandemic, including:
The Families First Coronavirus Response Act (H.R. 6201 or FFCRA), signed into law on March 18, 2020, provides emergency FMLA leave and paid sick leave. Both provisions take effect no later than 15 days after the enactment of the Act (April 1, 2020) and expire December 31, 2020. For detailed information regarding the FFCRA please see Families First Coronavirus Response Act: COVID-19 Paid Sick Leave and Expanded Family and Medical Leave Requirements.