The COVID Project
The record
- Jurisdiction
- United States (private employers with fewer than 500 employees; public employers)
- Level
- Federal
- Authority
- Statute
- Issued
- 2020-03-18 Mar. 18, 2020
- Effective
- leave mandates effective April 1, 2020 (DOL rule operational date; statute: 'not later than 15 days after the date of enactment') (read as 2020-04-01)
- End
- 2020-12-31 (§§ 3102(a)(1)(F), 5109); credits extended on a voluntary basis to Mar. 31, 2021 (Pub. L. 116-260 § 286) and Apr. 1 - Sept. 30, 2021 (Pub. L. 117-2 § 9641, FED-174) (read as 2020-12-31)
- In force
- Apr. 1, 2020 to Dec. 31, 2020
- Quarters
- 2020 Q22020 Q32020 Q4
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Schools and child careWorkplace rulesQuarantine and isolation
- Addressees
- every private employer with fewer than 500 employees and every public agency (paid sick leave; expanded FMLA leave)
- every employee unable to work or telework for the six enumerated COVID-19 reasons
- Functions reached
- WF workforce availability of every employer under 500 employees (mandatory paid leave for quarantine, symptoms, school and child-care closures)
- HR payroll and leave administration
- OP/OF
- Collection
- Federal health, safety and transport layer FED-A
Operative words
SEC. 5102. PAID SICK TIME REQUIREMENT. (a) IN GENERAL.--An employer shall provide to each employee employed by the employer paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because: (1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. (2) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. (3) The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis. (4) The employee is caring for an individual who is subject to an order as described in subparagraph (1) or has been advised as described in paragraph (2). (5) The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID-19 precautions. (6) The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services
Enforcement
Fair Labor Standards Act enforcement by the Department of Labor (§ 5105); § 5104 anti-retaliation; private actions
Notes
A federal statute that ordered every employer under 500 employees to release and pay employees for up to two weeks (and ten further weeks at partial pay for child-care closures) whenever a quarantine order, a provider's advice, symptoms or a school or child-care closure kept them from work, from April 1 through December 31, 2020.
Retrieval noteStatutes at Large page for § 5102 read from the slip law margin ('134 STAT. 196' follows the quoted text).