State-Specific COVID-19 Notifications

Guidance on Legal Bulletins for EMPLOYERS® Insurance Policyholders

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California

In response to California Senate Bill 1159 (“SB 1159”), EMPLOYERS is providing the following communication and resources to support our agents and policyholders.

OVERVIEW OF CALIFORNIA LABOR CODE SECTION 3212.88

When an employer who has five or more employees is aware that an employee has tested positive for COVID-19 on or after July 6, 2020 through January 1, 2023, the employer shall report to their claims administrator in writing via electronic mail or facsimile all of the following:

  1. An employee has tested positive. For purposes of this reporting, the employer shall not provide any personally identifiable information regarding the employee who tested positive for COVID-19 unless the employee asserts the infection is work related or has filed a claim form pursuant to Labor Code Section 5401.
  2. The date that the employee tests positive, which is the date the specimen was collected for testing.
  3. The specific address or addresses of the employee’s specific place of employment during the 14-day period preceding the date of the employee’s positive test.
  4. For positive tests on or after July 6, 2020 through September 16, 2020, provide the highest number of employees who reported to work at each of the employee’s specific places of employment on any given work day between July 6, 2020 and September 17, 2020.
  5. For positive tests on or after September 17, 2020, provide the highest number of employees who reported to work at the employee’s specific place of employment in the 45-day period preceding the last day the employee worked at each specific place of employment.
  6. For all positive test results between July 6, 2020 and September 16, 2020, they must be reported by October 29, 2020.

    For all positive test results on or after September 17, 2020, they must be reported within three business days.

    If a specific place of employment is ordered to close by a local public health department, the State Department of Public Health, the Division of Occupational Safety and Health, or a school superintendent due to a risk of infection with COVID-19, this information must be reported to us.

    RESOURCES:

    EMPLOYERS Reporting Form – Mandatory Reporting of a Positive COVID-19 TEST. Please complete one report for each employee’s positive COVID-19 test.

    Optional Tool – COVID-19 Tracking Workbook for policyholders. For policyholder use at their own discretion to track COVID-positive employees and recent contacts.

New Jersey

Guidance for New Jersey Department of Banking and Insurance Bulletin 20-15

EMPLOYERS is issuing this guidance to its insureds in the State of New Jersey in response to Bulletin No. 20-15 (the “Bulletin”) issued by Marlene Caride, Insurance Commissioner of the New Jersey Department of Banking and Insurance (the “Department”), on April 10, 2020. Pursuant to the Bulletin, the Department is directing all licensed property and casualty insurers to extend a 90-day grace period to pay insurance premiums to their insureds who may be experiencing a financial hardship due to the COVID-19 pandemic. Since the outbreak of COVID-19, businesses in the State of New Jersey have been negatively impacted in a variety of ways, and many industries have seen their revenue significantly decline. This can, in turn, affect the ability of these businesses to timely pay for their insurance obligations when due.

EMPLOYERS hereby informs its insureds in the State of New Jersey who are experiencing financial hardship related to COVID-19 that we will provide a 90-day grace period for payment of insurance premiums. An insured can elect this grace period to start on either April 1, 2020 (retroactively) or May 1, 2020. During this grace period, EMPLOYERS will not cancel any insurance policy for non-payment, and will not charge interest or any penalty fees for nonpayment.

This guidance notice is not intended to change the terms of an issued policy or be considered as forgiveness of the premium. In addition, EMPLOYERS will follow the Bulletin’s guidance which requires that we:

  • Waive late payment fees otherwise due, and not report late payments to credit rating agencies, during the 90-day period;
  • Allow premiums due but not paid during the 90-day period to be paid over the remainder of the current policy term or up to 12 months in up to 12 equal installments, whichever is longer, and
  • Ensure that late payments during the 90-day period are not considered in any future premium calculations at any time.

This guidance document is dated April 30, 2020 and EMPLOYERS will update this guidance document should the Department change or extend any of the terms outlined in the Bulletin.

Please contact your agent or EMPLOYERS with any questions on this guidance document.