Guidance Provided on Use of COVID-19 Sick Leave

On January 20, 2021, the Department of Health released supplemental guidance regarding the application of COVID-19 sick leave for eligible employees. These provisions address an employee’s return to work following a period of COVID-19 sick leave and such employee’s entitlement to additional leave.

The state enacted a law in March 2020 that provided sick leave and job-related protections to employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19. Generally, the size and annual income of the employer determine the duration of an employee’s leave and whether such leave is paid. The law did not indicate whether an employee was entitled to leave for more than one order of quarantine or isolation.

The new guidance explains that an employee does not need to be tested for COVID-19 before returning to work following a period of mandatory quarantine or isolation (except for nursing home staff). However, an employee who continues to receive, or subsequently receives, a positive COVID-19 diagnostic test result must not report to work. Such an employee shall be deemed subject to a mandatory order of isolation and shall be entitled to the state’s COVID-19 sick leave, regardless of whether the employee already received such sick leave for the prior period of quarantine or isolation. In such event, the employee must provide documentation from a licensed medical provider or testing facility of the positive test result, unless the employer conducted the test.

The guidance limits an employee’s qualification for COVID-19 sick leave to a maximum of three orders of quarantine or isolation. Each of the second and third orders requires a positive COVID-19 diagnostic test result.

Additionally, if an employer mandates that an employee who is not otherwise subject to a mandatory or precautionary order of quarantine or isolation must remain out of work due to exposure or potential exposure to COVID-19, the employer is required to continue to pay the employee at the employee’s regular rate of pay. Payment at such regular rate of pay would continue until the employer allows the employee to return to work or the employee becomes subject to a mandatory or precautionary order of quarantine or isolation. Once the employee is subject to one of those orders, they would receive sick leave as required by the state’s COVID-19 sick leave law.
 
Employers should be aware of the additional guidance and should review their leave policies for compliance. Employers may want to consult with employment law counsel for assistance.

Guidance on Use of COVID-19 Sick Leave »