01 Apr

March 2020 New York HR Legal Updates

Posted at

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in

Paid Sick Leave COVID-19

What happened?
The governor signed a law providing additional paid leave related to COVID-19.

What are the details?
Effective March 19, 2020, employers in New York are required to provide sick leave if the mandatory or precautionary order of quarantine and isolation is issued by the government. The amount of leave will vary depending on the following categories:

  • 10 or less employees
    • Unpaid sick leave until termination of order, and no loss of accrued sick leave
    • Eligible for paid family leave benefits and benefits per disability
  • 10 or less employees AND over $1 million net income in previous tax year
    • 5 days of PTO, and unpaid sick leave until termination of order, and no loss of accrued sick leave
    • Eligible for paid family leave benefits and benefits per disability
  • 11-99 employees
    • 5 days of PTO, and unpaid sick leave until termination of order, and no loss of accrued sick leave
    • Eligible for paid family leave benefits and benefits per disability
  • 100+ employees
    • 14 days of PTO, and unpaid sick leave until termination of order, and no loss of accrued sick leave
    • Eligible for paid family leave benefits and benefits per disability
  • Public employers (no matter how many employees) must provide employees with:
    • 14 days of PTO, and unpaid sick leave until termination of order, and no loss of accrued sick leave
    • Eligible for paid family leave benefits and benefits per disability

If paid leave has expired, the employee then becomes eligible for Paid Family Leave.

Disability: If the employee is unable to work due to a mandatory quarantine, and they have exhausted all of their time off under this Act.

Return to Work: Employee must be returned to equivalent or same position. Discrimination or retaliation is not allowed.

Ineligible for Paid Sick Leave: Only if employee is under mandatory quarantine after travelling to a Grade 2 or 3 health notice country per the CDC and was not required to go to that country by the employer.

Telework: If employee can telework, or continue to work, the above items are not applicable.

Documentation: An employer may ask the employee to provide a request for leave, but in regard to Paid Family Leave if an employer is self-insured or has an insurance carrier to provide for paid family leave, forms are available on the NY COVID-19 Paid Family Leave guidance site below.

Care for child: This leave is also available for staff to use if they need to provide care for a minor dependent child of the employee who is subject to a mandatory or precautionary order of quarantine or isolation.

Caps: Paid Family Leave and Disability benefits up to a maximum of $2,884.62 per week.

What do employers need to do?
Ensure policies are implemented in compliance with the above. Employers must post a notice of compliance: see the following link for information regarding the notice: https://paidfamilyleave.ny.gov/employer-responsibilities-and-resources

Guidance for Employers: https://paidfamilyleave.ny.gov/covid-19-paid-leave-guidance-employers or contact the PFL Helpline at (844)-337-6303

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