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Expiration dates—Evaluating your current COVID policies

November 2022 employment law letter
Authors: 
Jo Ellen Whitney, Dentons Davis Brown

Many things have an expiration date—cheese, meat, medicine, and certain fashion choices. But some things linger well past their “use by” date, like three-week old takeout in the very back corner of your refrigerator.

During the initial COVID frenzy, it was particularly difficult to determine which policies still applied and which ones had expired. In addition to facing local, state, and federal legislation, employers managed a slew of agency directives from the Centers for Disease Control and Prevention (CDC), Centers for Medicare and Medicaid Services (CMS), and Occupation Safety and Health Administration (OSHA). As we head into the season of colds, the flu, holiday parties, and likely COVID upticks, it might be appropriate to pull out various policies and check the label to evaluate your “best by” date.

Paid leave for COVID

During the height of the pandemic, there were requirements for certain forms of paid leave for employees, but in general, all of those requirements have expired. Through state OSHA agencies, states may have paid leave directives, but in Iowa, there’s no secondary paid leave requirement for COVID, quarantine, or infection.

Typically, employees are told to use their PTO or sick banks to be paid for the required time away from work. Employers can continue to have specialized time-off banks for COVID-related absences, but it’s not required in Iowa.

Unemployment compensation

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