Federal and State Leave

Family Leave

  Emergency Federal Family Medical Leave Act (EFMLA) (COVID-19 Response) State Paid Family Leave (PFL)
Employers Covered  All employers with fewer than 500 workers. All Employers.
Employee Eligibility  Work for the employer for at least 30 days prior to the designated leave. Once employee has earned at least $300 from which State Disability Insurance (SDI) deductions were withheld during your base period.
Reason for Leave Allow an employee, who is unable to work or telework, to care for the employee’s child (under 18 years of age) if the child’s school or place of care is closed or the childcare provider is unavailable due to a public health emergency. This is now the only qualifying need for Emergency FMLA If you're unable to work because you are caring for an ill or quarantined family member with COVID-19 (certified by a medical professional)
Length of Leave 12 weeks of leave  Up to six weeks of benefit payments to eligible workers who have a full or partial loss of wages because they need time off work to care for a seriously ill family member.
Amount of pay First 10 days is unpaid (during the period, an employee can use other accrued and paid  leave that is available to them). The remainder must be paid by the employer at a rate that is 2/3rds the regular amount of pay and limited to $200 a day and a total of $10,000. Approximately 60-70 percent of wages (depending on income); ranges from $50-$1,300 a week for up to 6 weeks (8 weeks beginning July 1, 2020).
Job Protected? Yes, but applies only to employees of employers of 25 or more employees No
How is it funded? At first, employers, but ultimatley through federal tax credit Employee
Sunset 12/31/2020 None

Sick Leave

  Federal Paid Sick Leave (FPSL) (COVID-19 Response) State Paid Sick Leave (PSL)
Employers Covered  All employers with fewer than 500 workers. All Employers.
Employee Eligibility  Upon hire Work for the same employer for at least 30 days within a year in California, and Satisfy a 90-day employment period before taking any sick leave.
Reason for Leave

Allow an employee to take paid sick leave because the employee is:

  1. subject to a federal, state or local quarantine or isolation order related to COVID-19;
  2. advised by a health care provider to self-quarantine due to COVID-19 concerns;
  3. experiencing COVID-19 symptoms and seeking medical diagnosis;
  4. caring for an individual subject to a federal, state or local quarantine or isolation order or advised by a health care provider to self-quarantine due to COVID-19 concerns;
  5. caring for the employee’s child if the child’s school or place of care is closed or the child’s care provider is unavailable due to public health emergency; or
  6. experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.

Allow an employee to:

  1. take sick leave for self or a family member, for preventive care or diagnosis, care or treatment of an existing health condition, or
  2. for specified purposes if you are a victim of domestic violence, sexual assault or stalking.
Length of Leave 2 weeks (80 hours) of leave 3 days
Amount of pay Employee’s regular rate (or two-thirds the employee’s regular rate to care for a child whose school or daycare has closed due to coronavirus, or to care for a family member who is self-isolating due to a coronavirus diagnosis, who is exhibiting symptoms and needs to obtain medical care, or who is complying with a requirement or recommendation to quarantine. Limited to $511 per day and a total of $5,110 for their own use and to $200 per day up to $2,000 total to care for others and any other substantially similar condition. Paid to you at regular rate of pay or an average based on the past 90 days.
Job Protected? Yes Yes
How is it funded? At first, employers but, ultimatley through federal tax credit Employer
Sunset 12/31/2020 None