New York State has posted frequently asked questions, request forms, and other COVID-19 quarantine leave guidance on a State website. The information aims to assist both employers and employees in navigating the requirements and benefits under the new law. Employees are eligible for either unpaid or paid leave if they are under a precautionary or mandatory order of quarantine or isolation related to COVID-19. They might also receive enhanced Paid Family Leave and Disability Benefits.
Our earlier summary of this law enacted on March 18, 2020, is available here:
New York State Creates COVID-19 Quarantine for Employees
Quarantine Leave Guidance Highlights
Here are some of NYS’s notable clarifications under the COVID-19 quarantine leave law:
How much pay will employees receive for COVID-19 Quarantine Leave?
Public employers and private employers with over 100 employees must provide at least 14 days of paid sick leave.
Private employers with between 11 and 99 employees, and those with fewer than 10 employees but a net 2019 income of at least $1 million, must provide at least 5 sick days at the employee’s regular pay rate. These employees are entitled to a combination of benefits under Paid Family Leave and Disability Leave for the remainder of the quarantine order or isolation for a maximum of $2,884.62 per week.
Employees of private employers with less than 10 employees and net income less than $1 million last year will be entitled to compensation through the period of order or isolation through Paid Family Leave or Disability Leave Benefits with a maximum benefit amount of $2,884.62.
What is the rate of pay?
Employees on salary or with other consistent fixed pay will receive their regular pay while on paid leave.
Part-time employees and others whose compensation fluctuates must receive pay for the number of hours they would typically work during a regularly scheduled workweek. Employers can use a reasonable period of time based on the employee’s prior work history to calculate an amount that reasonably represents the employee’s typical schedule.
Will employees receive leave if the quarantine/isolation order started before the law took effect?
An employee who was placed under a quarantine or isolation order by an authorized official before this law is entitled to job-protected paid leave through the remainder of the quarantine/isolation.
Can employers require employees to use existing sick leave accruals or other accruals (paid time off) for a COVID-19 quarantine order?
Employers must provide any leave available under the law separate from another available leave.
How does an employee apply for Paid Family Leave/Disability Leave Benefits to cover a COVID-19 related absence?
The State’s quarantine leave guidance website now includes these benefits request forms:
The employee must notify their employer of the requested leave and submit a request for paid family leave to the PFL insurer within 30 days after their first day of leave.
The employee completes the employee portion of the appropriate packet and submits it to their employer for completion of the employer sections. Employees must include their quarantine or isolation order.
The employer section includes a statement on the employee’s average weekly wage and an attestation confirming that the employee is unable to work remotely.
The insurance carrier must respond to the requested leave within 18 days of receipt of the request. It must either pay the benefits or issue a denial of benefits within that time. If the insurance company does not respond within 18 days, the employee may pursue arbitration of the claim before a neutral arbitrator.
Which employees are not eligible for leave under the NYS COVID-19 Quarantine Leave Law?
Employees are not eligible under this law if they are not:
- subject to an order of quarantine or Isolation related to COVID-19; or
- caring for a dependent minor who is subject to such an order.
Note that employees caring for a dependent minor child who is home only because of a precautionary school closing are not eligible for this leave.
Employees under a quarantine or isolation order who are asymptomatic and are able to work from home or similar means are also not eligible.
Employees who voluntarily traveled to a country with a level 2 or 3 health notice from the Centers for Disease Control despite being aware of the travel health notice are not eligible for paid leave benefits. However, they may still take time off without pay while under a quarantine or isolation order.
NY COVID-19 Quarantine Leave and the Federal Families First Coronavirus Response Act
Separate from this New York State law, the federal government has enacted the Family First Coronavirus Response Act (FFCRA). This federal law requires employers with under 500 employees to provide two weeks of emergency paid sick leave for circumstances related to COVID-19. The federal law would apply in cases of quarantine or isolation, but also grants paid leave in other situations.
For more, read Congress: Some Employers Must Give Paid COVID-19 Leave
New York employees eligible for leave under both the State and federal laws should receive the federal benefits plus any remaining difference in what the state law provides beyond the federal law. Note, however, that the federal law does not take effect until April 1, 2020. The State law took effect immediately beginning March 18, 2020.
Putting It All Together
The combination of new laws and extreme economic circumstances make it difficult for employers to figure out what they must do when an employee needs time off due to COVID-19. It is critical to review the various potentially applicable laws separately to determine eligibility. Then, the employer must determine the interplay between all the laws that apply in a specific situation. This analysis can be challenging. The State’s quarantine leave guidance (along with the U.S. DOL’s FAQs on the FFCRA) helps provide some answers. But employers should also consult with an experienced employment attorney familiar with the intricacies of the new and pre-existing laws when addressing these situations.
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