Health & Welfare Plans Newsletter

September 11, 2020

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[Guidance Overview]

Upcoming Deadline iconNew York State's Paid Sick Leave Law Becomes Effective September 30

"While the labor commissioner is empowered to adopt regulations and to issue guidance on the [New York State Sick Leave (NYSSL) law], no such guidance has been issued to date. Employers in New York City and Westchester County, both of which have their own sick leave laws, await further guidance as to how the NYSSL will interact with existing requirements." Icon to read more

Jackson Lewis P.C.

[Guidance Overview]

California AB 1867 Now Mandates Supplemental Paid Sick Leave for All

"[T]he provisions are effective immediately, and require private businesses with 500 or more employees nationwide (as well as certain health care providers and emergency responders) to provide their California employees with COVID-19 related supplemental paid sick leave no later than September 19, 2020. The bill was intended to close the gaps between federally mandated paid COVID-19 related sick days and the Governor's previous Executive Order that only provided paid sick leave for food sector workers." Icon to read more

Seyfarth Shaw

[Guidance Overview]

Exceptional Usefulness and Quality iconCalifornia Expands COVID-19 Supplemental Paid Sick Leave Requirements

"[T]here is little time to get policies, practices, and -- don't forget -- payroll programs and paystubs into tip-top shape. Entities that were not covered previously, but were contending with one or more of the 10 similar local ordinances in California, will want to determine whether and how their pre-AB 1867 policies and practices hold up, and whether they might need to provide supplemental paid sick leave to workers under the new state law." Icon to read more

Littler

[Guidance Overview]

California Extends 'COVID-19 Supplemental Paid Sick Leave' to Public Employees Exempted from FFCRA Leave

"If your agency utilized the discretionary authority provided under the FFCRA to exempt either 'emergency responders' or 'health care providers' from receipt of EPSL and did not provide a comparable contractual benefit to such employees, your agency must now provide those benefits to such employees[.]" Icon to read more

Liebert Cassidy Whitmore

[Guidance Overview]

Don't End Up in Detention: Guidance on Leave for Employees with School-Age Kids

"The DOL's recent guidance states that an employee is eligible to take paid leave under the FFCRA on the days when his or her child is not permitted to attend school in person and must participate in remote learning ... Under applicable DOL guidance, the school is effectively 'closed' to the employee's child on the days when remote learning is the only available option." Icon to read more

Bradley

Michigan Governor Narrows Mandatory COVID-19 Leave for Employees

"Gov. Gretchen Whitmer issued an executive order that limits the availability of job-protected leave moving forward ... by narrowing the definition of which COVID-19 symptoms -- whether standing alone or in combination with others -- will trigger COVID-19 leave protections under Michigan law.... [The] Aug. 27 executive order is not retroactive ... and is still more protective than [CDC] guidelines with regard to when an employee may return to work." Icon to read more

Society for Human Resource Management [SHRM]; membership may be required to view article

What Have Pandemic-Related Job Losses Meant for Health Coverage?

"[E]nrollment in the fully-insured group market dropped by just 1.3% from the end of March through the end of June ... Part of the explanation for this apparent discrepancy could be that many of the people who lost employment were never enrolled in employer-based coverage in the first place, as lower-wage workers are less likely to be covered by their employer's plan. Even so, there are some reasons this 1.3% drop may even overstate employer coverage losses during the early months of the pandemic." Icon to read more

Henry J. Kaiser Family Foundation

[Opinion]

Exceptional Usefulness and Quality iconWhat It Means to Cover Preexisting Conditions

"This post discusses what it means to cover preexisting medical conditions, offers a tool to assess candidate claims, and reviews a set of congressional proposals that purport to offer [ACA] alternatives that protect people with preexisting conditions but that ultimately fall short." Icon to read more

Katie Keith, in Health Affairs Blog

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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2020 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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