Emergency Paid Sick Leave (EPSL) Updates: Fairfax, CA: On September 1, Fairfax, CA’s Town Council passed Ordinance No. 857, requiring employers with 25 or fewer employees (i.e., employers not covered by the state’s SPSL requirements) to provide ‘COVID-10 Supplemental Sick Leave’ to their employees. The ordinance was effective immediately and expired September 30, 2021. Long Beach, CA: Long Beach’s ordinance has no set expiration date; rather, the ordinance’s status is re-evaluated by the City Council every 90 days. On November 1 the Council issued its recommendation that Supplemental Paid Sick Leave requirements sunset on December 31, 2021.

Expiration of Tax Credits for Voluntary FFCRA Leave – Tax credits offered under the American Rescue Plan Act, available to employers who voluntarily provided Emergency Paid Sick Leave and Emergency Family and Medical Leave following the expiration of FFCRA, ended on September 30. State and Local Emergency Paid Sick Leave (EPSL) – The following EPSL Ordinances expired September 30, 2021: California State: Any employee on EPSL on September 30 may finish taking leave. Note: Exclusion pay under Cal/OSHA’s COVID-19 Emergency Temporary Standards (ETS) is still in effect – for more information on the ETS’ requirements see the CA Department of Industrial Relations’ (DIR) dedicated webpage and accompanying FAQ.

On June 24 the Cook County Board of Commissioners adopted the COVID-19 Vaccination Rights for Employees and Prohibition of Retaliation by Employers Ordinance (Ordinance No. 21-3171). Effective July 1, 2021, the ordinance states that employers who require employees to be vaccinated against COVID-19 must provide up to four hours of paid time off per dose if the appointment falls during the employee’s shift; if vaccination is not a requirement of employment, employees must be permitted to use available paid time off. In addition, employers may not require that employees obtain COVID-19 vaccination only during non-work hours, and are prohibited from retaliating against an employee for taking time during a shift to get vaccinated, or requiring an employee to find a replacement worker to cover hours missed. Details around enforcement and penalties can be found within the ordinance’s text.

The Occupational Safety and Health Administration’s (OSHA) COVID-19 Healthcare Emergency Temporary Standard (ETS) became effective on June 21, following its publication in the Federal Register.  Healthcare employers must comply with most provisions by July 6, 2021, and with training, ventilation and barrier provisions by July 21, 2021. Section 1910.502(l)(4) of the ETS includes instructions for removing an employee providing healthcare services or healthcare support services* from the workplace when the employee has tested positive for or diagnosed with COVID-19

On May 18, the LA County Board of Supervisors enacted an urgency ordinance requiring private employers to provide paid time off to their employees who perform work in the unincorporated areas of the county for the purpose of obtaining the COVID-19 vaccine. Leave entitlement is up to four hours per injection (pro-rated for part-time employees based on weekly schedule), but is available only if the employee has exhausted leave under the state’s COVID-19 Supplemental Paid Sick Leave law. This time may also be used for recovery from any post-vaccination symptoms that prevent the employee from being able to work or telework.

In 2019 Washington State passed a new law to create the Long-Term Services and Supports Trust Fund (LTSS), now called the WA Cares Fund (WCF), which will pay long-term care benefits to eligible individuals beginning January 1, 2025. Upcoming Key Dates: October 1, 2021: Window for individual exemptions opens (available for those with LTC policies effective prior to November 1, 2021); January 1, 2022: Employee contributions begin (payroll tax takes effect).

On April 21 Chicago‘s City Council passed Substitute Ordinance 2021-1219, which prohibits employers from taking adverse action against any employee who takes time off during work hours to obtain COVID-19 vaccination.  If the employer requires employees to be vaccinated, this time must be paid at the employee’s regular rate of pay, for up to four hours per injection.  If vaccination is voluntary, employees must be allowed to use available paid time off. Employers in violation of the ordinance face fines between $1,000 and $5,000.  In addition, an employee who brings civil action in response to retaliatory action may be entitled to reinstatement, as well as damages of up to three times the employee’s missed wages and applicable attorney’s fees.

State and Local Emergency Paid Sick Leave – While paid COVID-19 leave is no longer mandated on a federal level, state and local requirements are still in place. Below is a copy of the summary of Emergency Paid Sick Leave (EPSL) extensions last provided in our March 17 Statutory Update, with updates to California State, the District of Columbia and Philadelphia, PA noted.

On March 11 President Biden signed the American Rescue Plan Act of 2021 (H.R. 1319/Public Law No: 117-2). The law provides $1.9 trillion for COVID-19 relief, including a $150 million allocation to Department of Labor (DOL) agencies. Among the employment-related provisions in the Act are: (1) Extension of tax credits for employers originally subject to the Families First Coronavirus Response Act (FFCRA) who voluntarily provide paid leave in accordance with FFCRA’s Emergency Paid Sick Leave (EPSL) and/or Emergency Family and Medical Leave (EFML) requirements, from April 1 through September 30, 2021.*

Our January 12 Statutory Update noted that, while COVID-19 paid leave required by the Families First Coronavirus Response Act (FFCRA) expired effective December 31, 2020, the Consolidated Appropriations Act (CAA, H.R. 133) allows employers to elect to continue to offer their employees Emergency Paid Sick Leave (EPSL) and/or Emergency Family and Medical Leave (EFML) through March 31, 2021.

Expiration of FFCRA Leave Requirements. The Consolidated Appropriations Act (H.R. 133), signed December 27, confirmed that Emergency Paid Sick Leave (EPSL) and Emergency Family and Medical Leave (EFML) required under the Families First Coronavirus Response Act (FFCRA) would expire December 31, 2020. For any employee taking a period of FFCRA leave on December 31, leave ended at the end of that day. Under the Act, however, employers may choose to continue to offer these leave entitlements and, if they do so, claim the payroll tax credits for leaves taken by employees through March 31, 2021.

This update serves as extension from the full Statutory Update on 12/15. This post contains tables of the 2021 Statutory Disability and Paid Family Leave Benefits and Rates.