Insights

Emergency Rules Granting Paid Sick Leave for Eligible Workers Amended


Effective March 11, 2020, emergency rules promulgated by the Department of Labor and Employment, and ordered by the governor, grant eligible workers up to four days of paid sick leave from their employers. The rules apply to workers in the fields of leisure and hospitality; food services; child care; education at all levels, as well as related services such as food service; home health if people are working with elderly, disabled, sick or high-risk people; and nursing homes and community living facilities. Employers must pay applicable workers their regular rate of pay for the workers’ regularly worked hours while they are on this leave. Employers should comply with FMLA when providing sick leave to the extent feasible; employers cannot terminate applicable workers if they fail to provide documentation during the illness and FMLA does not narrow the rights and responsibilities under the emergency rules.

These rules were amended on March 26, 2020, to cover add two more groups of employees to those already covered by the rules. The rules now cover employees under a health care provider's instructions to quarantine or isolate due to a risk of having COVID-19, in addition to employees with flu-like symptoms who are being tested for COVID-19. The rules also apply to employees at retail establishments that sell groceries.

The rules are effective for the longer of 30 days from the effective date or the duration of the State of Disaster Emergency declared by the governor, up to a maximum of 120 days.

Emergency Leave with Pay »