By Jill L. Ripke, Brittany Sachs and Lauren Kulpa
We have updated and added to our frequently asked questions (FAQs) for U.S. employers relating to COVID-19 and developments in employment law. The additional FAQs focus on transitioning employees who have been working remotely back to a physical office location. These new Q&As address topics
On March 19, 2021, Governor Newsom approved SB 95, which requires COVID-19 supplemental sick leave through September 30, 2021 and creates new COVID-19 vaccine–related paid sick leave obligations for covered employers. The new law, which adds Sections 248.2 and 248.3 to California’s Labor Code, is effective immediately, but the employer obligation to provide COVID-19 supplemental paid sick leave does not take effect until March 29 (10 days after the date of enactment). It is important to note that the obligation to provide supplemental paid sick leave is retroactive to January 1, 2021, which means employers may owe back pay to employees who took covered leave on a previously unpaid basis, following the December 31, 2020 expiration of California’s previous supplemental sick leave legislation, discussed here.
The requirement is in addition to California’s mandated paid sick leave and may be used by covered employees upon oral or written request. An employee cannot be required to use any other paid or unpaid leave, time off, or vacation before the supplemental sick leave. The Labor Commissioner has developed a poster that employers are required to display or disseminate regarding the new requirements.
On March 12, 2021, New York passed a new law requiring all New York employers to provide up to four (4) hours of paid leave for the purposes of receiving the COVID-19 vaccine. New York is the first state to implement paid leave specifically limited to time spent getting vaccinated. The law is effective as of March 12, 2021, and the law’s leave entitlement is set to expire on December 31, 2022. In addition to paid leave, the law prohibits employers from retaliating against employees who request or take vaccination leave, or otherwise exercise their rights under the new law.
In response to the COVID-19 pandemic, Congress passed the Families First Coronavirus Response Act (FFCRA), which among other things, required private employers with fewer than 500 full-time and part-time employees as well as most public employers to provide paid leave for COVID-19 related absences beginning on April 1, 2020. The FFCRA also provided tax credits to help offset the paid leave wages required to be paid under the FFCRA. The paid leave provisions (and tax credits) of the FFCRA were set to expire on December 31, 2020.
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws with nine questions and answers designed to address how various equal employment opportunity (EEO) laws, including the ADA, the Rehabilitation Act, GINA, and Title VII, including
On December 2, 2020, the CDC updated its guidelines to provide two options to shorten the time frame for which individuals exposed to COVID-19 are to quarantine. The CDC continues to recommend that individuals who are exposed to COVID-19 quarantine for 14 days after exposure. However, the CDC’s new guidelines provide two alternative options to
As described here, on November 19, 2020, Cal/OSHA voted to implement sweeping new temporary emergency COVID-19 regulations. These emergency regulations are now in effect as they were approved by the Office of Administrative Law. Cal/OSHA has now provided additional guidance for employers, including the following:
Los Angeles County will issue a Revised Health Officer Order to be effective on Monday, November 30, 2020. The press release about the order provides that residents are advised to stay home as much as possible and wear face coverings when outside their household and around others. A summary of the Targeted Temporary Safer at
On November 19, 2020, Cal/OSHA voted 6-0 to implement sweeping new temporary emergency COVID-19 regulations (COVID Regulations) which require employers to implement a written COVID-19 prevention program with 11 categories of protocols covering everything from employee communications to appropriate face coverings. Crafting a compliant COVID prevention program will take significant time and resources. See below
On Friday, November 13, 2020, California, Oregon and Washington issued additional orders related to COVID-19. The three orders are worded similarly and address Non-Essential Travel (travel that is considered tourism or recreational in nature). The orders provide that: