COVID-19 Leave Laws

COVID-19 Sick Leave COVID-19 FMLA
Effective Dates No later than 4/1/20 thru 12/31/20 No later than 4/1/20 thru 12/31/20
Eligibility Any period of employment – no minimum

Health care workers can be excluded

Employed 30 or more days


Health care workers can be excluded

Qualifying Conditions Eligible employee cannot work or telework because:

Health care provider advised or health officer ordered employee quarantined;

Employee has COVID-19 symptoms;

Employee caring for individual in quarantine;

Minor child’s school or child care closed.

Experiencing similar condition specified by SHHS

Employee cannot work or telework because minor child’s school or child care closed due to COVID-19.
Duration of Leave Full time = 80 hours leave

Part-time = leave equal to the # hrs worked on average over a two week period

Employer cannot require employee to use other paid leave first

Leave cannot be carried over 1 year to the next

Leave ends the shift immediately following termination of qualifying condition

Other employee leave benefits not excluded

First 10 days unpaid – employee can elect to substitute paid

Subsequent days paid leave



FMLA continues to provide 12 weeks of protected leave for qualifying conditions of which COVID-19 leave is one; other FMLA qualifying conditions remain the same.

Rate of Pay For employee quarantine or symptoms: paid leave rate = to employee’s salary for hrs taken. Max = $511/day up to $5110.00 aggregate


For care of another or closed school / child care: paid leave rate of 2/3 employee’s regular salary. Max = $200/day up to aggregate of $2000.00

Paid leave rate = 2/3 of employee’s regular salary for the number of hours the employee would otherwise be normally scheduled to work.


Max: $200/day; $10,000 aggregate

Restoration to Position Cannot discharge, discipline, or discriminate for taking leave Required unless exception
Notice by Employee Reasonable Reasonable
Effective Dates No later than 4/1/20 through 12/31/20 No later than 4/1/20 through 12/31/20
SOURCE: 2020 Families First Coronavirus Response Act; Division C-Emergency Family and Medical Leave Expansion Act; Division E-Emergency Paid Sick Leave Act.
Disclaimer – not legal advice