June 18, 2020

Coronavirus (COVID-19) and State Updates

California

Two COVID-19-related bills are working their way through the legislature as we speak. SB 943 would expand Paid Family Leave (PFL) benefits to provide benefits to workers to care for a child or other family member, including a child or adult with disabilities, for whom the employee is responsible for providing care if that person’s school or place of care has been closed, or the care provider of that person is unavailable, due to the COVID-19 virus outbreak. If passed, the bill would take effect immediately and would be in place until December 31, 2020.

AB 3216 would make it unlawful for any employer to refuse to grant a request by an employee to take up to 12 workweeks of family care and medical leave during any 12-month period due to a qualifying exigency related to the covered public health emergency or state of emergency. The bill would also make it unlawful for any employer to refuse to grant leave to care for a child, spouse, or parent for whom the employee is responsible for providing care if the family member school or place of care has been closed, or the care provider of the family member is unavailable, due to a state of emergency.

We will keep you posted as to the progress of these bills.

Equal Employment Opportunity Commission (EEOC)

The EEOC has again updated its technical assistance Q&A document, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEOC LawsThis time a question (A.7) has been added regarding antibody tests and the ADA (employers may not require antibody testing before permitting employees to return to work).

Oregon

Employers with six or more employees in Oregon are required to make reasonable accommodations, for both employees and job applicants, who have limitations related to pregnancy-related conditions unless it would pose an undue hardship. Employers must post a notice (template) in the workplace, provide a written copy of the notice to existing employees by June 29, 2020, as well as provide this notice to employees at time of hire. Employers are also required to provide the notice within 10 days to any employee who informs the employer of the employee’s pregnancy. The Larkin Company will include the notice in the leave packets that we provide to employees upon request for a leave of absence due to pregnancy.

San Francisco

The San Francisco Public Health Emergency Leave Ordinance (PHELO) has been extended through August 16, 2020.

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