Quarantine leave is time off from work that is granted when an employee is required to isolate due to a public health order or government-mandated quarantine requirement. While many COVID-era emergency laws have expired, several jurisdictions have retained quarantine and isolation leave provisions in their permanent statutes — and employers who ignore them risk non-compliance.
If you manage a distributed or international team, understanding which quarantine leave laws are still active is essential for staying compliant in 2026 and beyond.
This article is general information, not legal advice. Public health requirements change frequently. Always verify current laws in each jurisdiction.
Key Takeaways
- Several US states still have active COVID-era quarantine leave laws, including California, New York, and Illinois — some making them permanent.
- Internationally, quarantine leave remains a statutory right in countries including the Philippines, India, and Brazil.
- Federal FFCRA provisions expired in 2021, but state-level replacements continue to apply.
- Employer policies should explicitly address quarantine leave even if your jurisdiction has no active law — it protects both the business and employees.
- Most quarantine leave laws require paid leave, though amounts and durations vary by jurisdiction.
What Is Quarantine and Isolation Leave?
Quarantine leave is a specific type of leave that allows employees to stay home and recover (or await test results) when directed to do so by a public health authority, healthcare provider, or government order. It is distinct from sick leave in that the employee may not be ill — they are simply required to isolate to prevent the spread of a communicable disease.
During the COVID-19 pandemic, quarantine leave laws were enacted rapidly across the US and globally. Many have since expired, but a surprising number remain in force, either as temporary measures or as permanent additions to state and national leave law.
US States with Active Quarantine Leave Laws
Several states enacted COVID-era leave laws that remain active in 2026:
| State | Law | Paid Leave? | Duration | Status |
|---|---|---|---|---|
| California | COVID-19 Supplemental Paid Sick Leave | Yes | Up to 80 hours | Extended through 2025; check for further extensions |
| New York | NY Paid Sick Leave + COVID leave provisions | Yes | Up to 14 days | Permanent under NY Labor Law § 196-c |
| Illinois | COVID-19 Emergency Paid Leave Act | Yes | Up to 40 hours | Extended; check current status |
| Colorado | Healthy Families and Workplaces Act | Yes | Up to 48 hours (includes quarantine) | Permanent |
| Washington | Paid Family and Medical Leave | Yes | Up to 12 weeks | Permanent; quarantine qualifies as serious health condition |
| Oregon | Oregon Paid Sick Leave | Yes | Up to 40 hours | Permanent; quarantine is a qualifying reason |
New York is notable because its paid sick leave law was amended to explicitly include quarantine leave as a permanent feature. Employees who are subject to a quarantine or isolation order can use their accrued paid sick leave for the duration of the order.
International Quarantine Leave Requirements
Outside the US, quarantine leave remains a significant statutory obligation in many countries:
- Philippines: The Bayanihan to Recover as One Act (RA 11494) provided paid quarantine leave for employees in government and private sectors during declared public health emergencies. Portions of this law remain in effect.
- India: The Employees’ State Insurance (ESI) scheme covers quarantine-related absence as a disability benefit, providing cash compensation during the quarantine period.
- Brazil: Labour law provisions under CLT (Consolidação das Leis do Trabalho) allow employees to treat quarantine as a temporary disability, entitling them to salary maintenance during the isolation period.
- Australia: Pandemic leave disaster payments were introduced by the federal government and have been extended in various forms. Employers should check current Fair Work Act provisions.
How to Build a Quarantine Leave Policy
Even if your jurisdiction has no active quarantine leave law, having a clear policy is a best practice. Here is what to include:
- Qualifying events — define what triggers quarantine leave. At minimum: a government order, a healthcare provider’s directive, or a positive test result requiring isolation.
- Duration — specify how many days or hours of quarantine leave are available. Common benchmarks are 5 to 14 days, aligned with public health guidance.
- Pay — decide whether quarantine leave is paid or unpaid. Many states require it to be paid; even where not required, paid leave encourages compliance and protects workplace safety.
- Documentation — what proof does the employee need? A government order, a doctor’s note, or a self-certification? Keep requirements reasonable.
- Interaction with other leave — clarify whether quarantine leave runs concurrently with sick leave, PTO, or FMLA.
- Non-retaliation — employees must not be penalised for taking quarantine leave. Include explicit language in your policy.
Sample Policy Language
Quarantine Leave: Employees who are required to quarantine or isolate due to a public health order, healthcare provider directive, or positive communicable disease test result are entitled to up to [X] days of paid leave. Employees must notify their manager as soon as practicable and provide supporting documentation where available.
What Happens When Pandemic Leave Laws Expire
As temporary COVID-era laws sunset, employers face a choice: let the policy lapse or make quarantine leave a permanent feature. The smart move is to keep it. Here is why:
- Future public health events are inevitable. Whether it is a new respiratory virus, a norovirus outbreak, or a local quarantine order, the next event will happen eventually.
- Permanently excluding quarantine from your leave policy creates a gap. If an employee is ordered to isolate and you have no policy, you are making it up on the fly.
- Employees expect it. Post-COVID, the workforce has a baseline expectation that they will not be penalised for following public health guidance.
Frequently Asked Questions
Is quarantine leave the same as sick leave?
Not exactly. Sick leave is typically taken when the employee is personally ill. Quarantine leave may apply when the employee is not sick but is legally required to isolate. Some jurisdictions treat them as the same entitlement; others keep them separate. Check your local laws.
Does quarantine leave have to be paid?
It depends on the jurisdiction. Several US states — including California, New York, and Colorado — require paid quarantine leave. Federal law does not mandate it. Internationally, countries like Brazil and the Philippines require paid quarantine leave during declared health emergencies.
Can an employer require a negative test before an employee returns from quarantine?
Yes, in most cases. Employers may require a negative test result before an employee returns to the workplace, provided the requirement is applied consistently and does not conflict with state or local laws. Some jurisdictions restrict testing requirements — always verify locally.
Does quarantine leave apply to family members?
Some quarantine leave laws extend coverage to employees who need to care for a family member who is quarantining. This is more common in state sick leave laws (such as California’s) than in standalone quarantine provisions. Check whether your jurisdiction’s law includes caregiving as a qualifying reason.
What if an employee refuses to quarantine?
An employee who refuses to comply with a quarantine order may not be entitled to quarantine leave. However, employers should not force a potentially infectious employee to come to work — this creates liability for workplace safety violations. Handle refusals carefully and document the situation.
Tracking Quarantine Leave Across Jurisdictions
With different quarantine leave rules across states and countries, manual tracking is a recipe for compliance gaps. A leave management system that accounts for jurisdiction-specific requirements keeps your team compliant without the administrative overhead.
leave emails? Track your employee's leave with Leave Balance
