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Coronavirus (COVID-19): State and Local Leave Laws

Author: XpertHR Editorial Team

NOTE: On September 9, 2021, President Biden announced that his administration is directing the Department of Labor's Occupational Safety and Health Administration (OSHA) to develop an Emergency Temporary Standard (ETS) that will require all employers with 100 or more employees to, among other things, provide paid time off to workers:

  • For the time it takes to get vaccinated; or
  • To recover from post-vaccination side effects.

No other details have been released nor has a compliance timeline been issued. XpertHR is closely monitoring this evolving development and will update resources as necessary.

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:

Federal

The Families First Coronavirus Response Act (H.R. 6201 or FFCRA) took effect on April 1, 2020, and expired December 31, 2020. The FFCRA provided expanded family and medical leave (EFML) and emergency paid sick leave (EPSL). Congress declined to extend the FFCRA in the Consolidated Appropriations Act, 2021 H.R. 133). However, the Appropriations Act permitted employers to claim the tax credit if they voluntarily provide EPSL and EFML from January 1 through March 31, 2021. The ability to claim the payroll tax credit for voluntarily offering leave was further extended to September 30, 2021, by the American Rescue Plan Act. For detailed information regarding the FFCRA, see Families First Coronavirus Response Act (FFCRA): COVID-19 Paid Sick Leave and Expanded Family and Medical Leave Requirements. For detailed information on the sunset of the FFCRA, see FFCRA Expired - Key Considerations for HR.

State