Tag: paid sick leave

New York Paid Sick Leave Law

New York Paid Sick Leave Law Applies to All Private Employers

On April 3, 2020, Governor Andrew Cuomo signed 2021 budget legislation that included sick leave for employees throughout New York. In addition to illnesses and injuries, the leave is available for circumstances related to domestic violence. Employees begin accruing sick leave on September 30, 2020, and may use it starting January 1, 2021. New York paid sick leave benefits vary based on the size of the employer.

The law only applies to private (non-governmental) employers. New York public entities, such as municipalities and school districts, are not covered.

Leave Requirements Depend on Business Size

“Small” Employers

Employers with up to 4 employees must provide employees with at least 40 hours of unpaid sick leave each year.

However, employers of this size who had net income over $1 million in the previous tax year must pay employees for this leave.

“Medium” Employers

Employers with between 5 and 99 employees must provide employees with at least 40 hours of paid sick leave each year.

“Large” Employers

Employers with 100+ employees must provide employees with at least 56 hours of paid leave each year.

Sick Leave Accrual

Employees are eligible to accrue sick leave at a rate of not less than 1 hour per 30 hours worked. Employees begin accruing Sick Leave on September 30, 2020, or upon hire after that.

Employers can provide all of the leave at the beginning of the year if they prefer.

When Can Employees Take New York Paid Sick Leave?

Eligible employees may take accrued sick leave for any of these reasons:

  • Mental or physical illness, injury, or health condition of either an employee or an employee’s family member, regardless of whether such illness, injury, or health condition has been diagnosed or requires medical care at the time employee requests leave.
  • Diagnosis, care, or treatment of a mental or physical illness, injury, or health condition of, or need for medical diagnosis of, or preventative care for either the employee or an employee’s family member.
  • Absences related to domestic violence, as described below.

Absences Related to Domestic Violence

If an employee or an employee’s family member is a victim of either domestic violence, a family offense, sexual offense, stalking, or human trafficking, the employee may use available New York sick leave for time off to:

  • Obtain services from a domestic violence shelter, rape crisis center, or other services program;
  • Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or their family members;
  • Meet with an attorney or other social services provider to obtain information and advice on, and prepare for or participate in any criminal or civil proceeding;
  • File a complaint or domestic incident report with law enforcement;
  • Meet with the district attorney’s office;
  • Enroll children in a new school; or
  • Take any other actions necessary to ensure the health or safety of the employee or a family member or to protect those who associate or work with the employee.

Covered Family Members

Employers must use the following definitions to determine an employee’s eligibility for New York paid sick leave.

“Family Member” includes the employee’s child, spouse, domestic partner, parent, sibling, grandchild or grandparent. It also includes a child or parent of an employee’s spouse or domestic partner.

“Parent” means a biological, foster, step- or adoptive parent, or a legal guardian of an employee, or a person who stood in a legal parental role when the employee was a minor.

“Child” means the biological, adopted or foster child, a legal ward, or a child of an employee standing in loco parentis.

Calculating the Number of Employees to Determine Leave Allowance

The law instructs employers to use the number of employees who are employed by the company in the calendar year between January 1 and December 31 to determine how much leave they must provide to employees. This calculation is likely to confuse employers because total headcount typically varies throughout any one calendar year due to business needs, employer terminations, and voluntary resignations. Therefore, we anticipate that Department of Labor regulations will later clarify how an employer should calculate its size.

Employers may provide employees with additional sick leave beyond what the law requires.

Confidentiality Requirements

Employers must keep information about employees’ health and incidents of domestic violence, sexual offense, stalking, or human trafficking confidential. The New York paid sick leave law prohibits employers from requiring employees to disclose such confidential information in order to take accrued sick leave.

Sick Leave Increments and Carryover

Employers can require employees to take sick leave in reasonable increments. The minimum increment may not exceed 4 hours. Sick leave must be paid at either the employee’s regular rate of pay. (Or at minimum wage, if their regular pay rate is somehow lower.)

Accrued and unused sick leave may be carried over to the following year. An employer with less than 100 employees can restrict the use of accrued sick leave to a maximum of 40 hours per calendar year. Employers with 100 or more employees may have a policy that restricts the use of accrued sick leave to a maximum of 56 hours per calendar year.

Employers are not required to pay out accrued and unused sick leave upon termination of employment. However, they must notify employees if they do not plan to pay out unused leave.

Returning to Work

Employees have a right to return to the same position with equal compensation after sick leave. Employers may not retaliate against an employee for requesting or using accrued sick leave. Retaliation includes discharging, threatening, penalizing, or discriminating against an employee for exercising their rights under the law.

Recordkeeping

The law requires New York employers to keep payroll records documenting the amount of sick leave provided to each employee for a minimum of 6 years.

Upon request from an employee, an employer must give a summary of all used and accrued sick leave for the current and any previous years. Employers have 3 days to comply with such requests.

Employer Alternatives to Mandatory Sick Leave

Employers can satisfy the New York paid sick leave requirements through an alternative leave policy. However, the policy must offer at least as many hours and as beneficial of an accrual rate and carryover rules as the law requires. And employees must be able to use the leave for all of the reasons allowable under the law.

Employers with unions can negotiate alternatives to the New York paid sick leave requirements. The agreement must have been entered on or after September 30, 2020, and provide “a comparable benefit.” It also must specifically “acknowledge” the New York paid sick leave law.

Existing Sick Leave Requirements

The state law specifically allows that New York City may continue to enforce its existing sick leave law or amend it. But the NYC law must meet or exceed the New York paid sick leave law’s requirements.

The same provision says that “any paid sick leave benefits provided by a sick leave program enforced by a municipal corporation in effect as of the effective date of this section shall not be diminished or limited as a result of the enactment” of the New York paid sick leave law. This language seems to refer to local laws outside of New York City, such as the Westchester County paid sick leave law. But the language is somewhat ambiguous. It will be important to see how the Department of Labor clarifies the provision through its anticipated regulations.

Anticipated Regulatory Guidance

The Commissioner of Labor can adopt regulations for the enforcement of this new sick leave law. It is almost certain that regulations will be issued before the law’s September 30, 2020 effective date. Employers will need to rely on such guidance in reviewing their existing policies for compliance or to create new sick leave programs.

Get Ready To Comply

For now, employers should begin reviewing their current leave policies. One option will be to plan to transition to a paid-time-off policy that combines sick leave, vacation, and any other paid leave. This approach will be the easiest way for many employers to comply with the law while limiting the cost of additional paid leave.

However, employers should not expect to finalize their policies until the Department of Labor issues its regulations. These will likely answer many pertinent questions that will help determine the right approach for your organization.

These new sick leave requirements may prove particularly problematic for employers with existing collective bargaining agreements. They may need to either provide additional sick leave per the law on top of existing benefits or seek renegotiation of existing policies as soon as possible for a new agreement to take effect no earlier than September 30, 2020.

 

For more updates on the New York Paid Sick Leave law and other legal developments of interest to New York employers, subscribe to receive our email newsletter and follow Horton Law on LinkedIn.

COVID-19 Leave Regulations

U.S. DOL Issues Temporary COVID-19 Leave Regulations

On April 1, 2020, the U.S. Department of Labor put out “temporary regulations” interpreting two federal employee leave laws that took effect on that date. Both laws are part of the Families First Coronavirus Recovery Act (FFCRA). The Emergency Paid Sick Leave Act grants many employees up to two weeks of paid leave related to COVID-19. The Emergency Family and Medical Leave Expansion Act allows FMLA leave, with partial pay, to care for a child whose school closed due to the coronavirus crisis. Despite the “temporary label,” it does not appear the DOL intends to issue “permanent” COVID-19 leave regulations. These rules are effective immediately and will remain in effect only until December 31, 2020, when these leave laws expire.

The hastily drafted emergency legislation has created unfortunate complexity in applying these new COVID-19 leave laws. Through its temporary regulations, the U.S. DOL repeatedly emphasizes the goal of interpreting the two separate leave laws “to ensure consistency”. To do this, the DOL has, in some cases, literally ignored the actual words Congress used in the laws themselves. It has also “relaxed” some existing FLSA regulations that might otherwise seem to guide the application of these new laws.

For the basic requirements of these laws, read Congress: Some Employers Must Give Paid COVID-19 Leave.

Covered Employers

The laws generally apply to private companies with under 500 employees working in the United States and all government entities.

How Many Employees Do We Have?

The temporary COVID-19 leave regulations provide some explanation of how to count employees to determine coverage.

Companies should look at their employee count as of the date any employee would begin paid sick leave or expanded FMLA leave under the FFCRA. Accordingly, coverage can change from day to day. For example, businesses that lay off employees for economic reasons during the coronavirus crisis could fall below 500 employees, and then remaining employees would become eligible to take these leaves. Indeed, the regulations explain that employees on furlough or temporary layoff do not count in determining coverage.

On the other hand, employees on “any kind of leave” do count toward the 500-employee threshold. Unfortunately, the regulations don’t further distinguish “leave” from “furlough”. Most likely, any employee being paid is on leave and counts. But what about employees receiving severance or other separation pay? Or employees on unpaid leave as a disability accommodation?

The DOL relies on existing regulatory guidance under the FLSA and FMLA to evaluate whether separate entities are “joint employers” or could constitute an “integrated employer.”

Small Business Exemption

Companies with fewer than 50 employees can elect an exemption from the FFCRA leave requirements by concluding that one or more of the following conditions applies:

  • the leave requested would result in the small business’s expenses and financial obligations exceeding available business revenues and cause the small business to cease operating at a minimal capacity;
  • the absence of the employee requesting leave would entail a substantial risk to the financial health or operational capabilities of the business because of their specialized skills, knowledge of the business, or responsibilities; or
  • there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services provided by the employee requested leave, and these labor or services are needed for the small business to operate at a minimal capacity.

Employers who adopt this exemption can only deny leave to otherwise eligible employees whose leave would specifically contribute to the corresponding condition above. The small employer must specifically document the denial of leave for each employee who requests it.

Exempt Employees

Otherwise-covered employers may choose not to provide leave under the FFCRA to health care providers or emergency responders. The COVID-19 leave regulations interpret these exemptions broadly, but the DOL encourages employers to allow such employees leave as “judiciously” as possible.

Health Care Providers

The DOL defines health care provider for this purpose as “anyone employed at”:

  • any doctor’s office,
  • hospital,
  • health care center,
  • clinic,
  • post-secondary institution offering health care instruction,
  • medical school,
  • local health department or agency,
  • nursing facility,
  • retirement facility,
  • nursing home,
  • home health care provider,
  • any facility that performs laboratory or medical testing, or
  • any similar institution, employer, or entity.

The exemption applies to any permanent or temporary site “where medical services are provided that are similar to such institutions.”

It also includes:

  • any individual employed by an entity that contracts with any of these institutions described above to provide services or to maintain the operation of the facility where that individual’s services;
  • anyone employed by an entity that provides medical services, produces medical products, or is otherwise involved in the making of COVID-19 related medical equipment, tests, drugs, vaccines, diagnostic vehicles, or treatments; and
  • any individual that the highest official of a State or territory, including D.C., determines is a health care provider necessary for that State or territory’s response to COVID-19.

Emergency Responders

The DOL intentionally interpreted “emergency responder” broadly “to complement–and not detract from–the work being done on the front lines to treat COVID-19 patients, prevent the spread of COVID-19, and simultaneously keep Americans safe and with access to essential services.”

Based on various existing regulatory definitions, “emergency responders” include employees who are “necessary for the provision of transport, care, healthcare, comfort and nutrition of such patients, or others needed for the response to COVID-19.”

The COVID-19 leave regulations specify that this includes (but is not necessarily limited to):

  • military or national guard,
  • law enforcement officers,
  • correctional institution personnel,
  • firefighters,
  • emergency medical services personnel,
  • physicians,
  • nurses,
  • public health personnel,
  • emergency medical technicians,
  • paramedics,
  • emergency management personnel,
  • 911 operators,
  • child welfare workers and service providers,
  • public works personnel; and
  • persons with skills or training in operating specialized equipment or other skills needed to provide aid in a declared emergency.

It also includes:

  • individuals who work for such facilities employing these individuals and whose work is necessary to maintain the operation of the facility; and
  • any individual that the highest official of a State or territory, including D.C., determines is an emergency responder necessary for that State or territory’s response to COVID-19.

Additional Clarifications

If an employer chooses not to treat an employee as exempt, then the employee is subject to all the other leave parameters. That includes the employer’s ability to receive a corresponding tax credit.

The regulations emphasize that the law only gives individuals a right to two weeks of leave under the Emergency Paid Sick Leave Act. This is a per-employee entitlement, not a per-employer one. Thus, an employee who has used two weeks of paid sick leave for one employer can’t take it again for another job, such as with a subsequent employer. However, the regulations don’t explain how separate employers would effectively monitor that scenario.

School Closings

Both paid sick leave and expanded FMLA may be available to employees whose children are home due to school closing or child care unavailability. However, the DOL recognizes limits on this leave condition.

To qualify on this basis, the employee must actually care for the child(ren) while off of work. Moreover, the employee would not be eligible if another suitable individual is available to care for the child(ren).

The DOL interprets the FFCRA to allow such leave, where applicable, to care not only for children under 18 years old. Employees could also take the leave to care for children older than 18 who are incapable of self-care because of a mental disability. The adult child’s school or usual place of care would still have to be unavailable due to COVID-19.

Amount of Leave and Compensation

The DOL acknowledges ambiguity in the use of mixed references to days and weeks in these leave laws. Generally, its COVID-19 leave regulations interpret references to 10 days to mean two weeks. Congress apparently used 10 days on the simple assumption of full-time employees working 5 days per week. But the DOL recognizes that many other work schedules exist. Thus, specifically, the unpaid portion of expanded FMLA runs for two weeks rather than just 10 workdays.

The regulations also seek to simplify the calculation of the normal hours worked and “regular rate” for determining how much pay employees receive while on these leaves. Typically, employers should look to the past 6 months before leave to calculate these. However, for employees who have worked less than 6 months, the FFCRA states that employers should use the employee’s “reasonable expectation” at the time of hiring of the number of hours they would receive per week to determine the number of hours a part-time employee receives in leave. The DOL interprets this to mean either an express agreement between the employer and employee or, if none, the average number of hours the employee has worked per week since the beginning of employment.

Once the employer determines which weeks to use in calculating the employee’s regular rate of pay, they must take the weighted average of compensation for those weeks. You do this by dividing the total compensation for the time period by the total number of hours worked during the period.

Remember that no employee is eligible to receive more than $511 per day for sick leave due to the employee’s medical condition or more than $200 per day for other qualifying circumstances under the FFCRA.

Quarantine or Isolation Orders

The DOL takes a broad view of quarantine or isolation orders in determining who may take paid sick leave. The regulations interpret this to include “quarantine, isolation, containment, shelter-in-place, or stay-at-home orders issued by any Federal, State, or local government authority that cause the Employee to be unable to work even though his or her Employer has work that the Employee could perform but for the order.”

Generally, an employee under such an order could not take the leave if they are still able to work, either onsite or remotely. However, if a governmental authority has advised individuals in specific categories (e.g., certain age ranges or medical conditions) not to go into work, then an employee in such a category who cannot work from home would qualify for leave.

The DOL also clarifies that employees cannot take paid sick leave if the employer does not have work for the employee. Thus, if the quarantine or isolation order causes the employer to cease operations, even temporarily, the employee cannot take leave, but may instead be able to apply for unemployment benefits.

Teleworking

Employees who can telework are not entitled to paid sick leave or expanded FMLA leave under the FFCRA.

The regulations define “telework” to mean “work the Employer permits or allows an Employee to perform while the Employee is at home or at a location other than the Employee’s normal workplace.”

An employee is able to telework if:

  • their employer has work for them;
  • their employer permits the employee to work from the employee’s location; AND
  • there are no extenuating circumstances (such as serious COVID-10 symptoms) that prevent the employee from performing the available work.

The DOL notes that existing FLSA regulations include “continuous workday” guidelines with respect to paying minimum wage and overtime. Typically, the DOL would consider all time between the performance of the first and last principal activities in a day to be time worked. However, the agency expressly relaxes that requirement for employees working sporadic at-home schedules for COVID-19 related reasons.

Intermittent Leave

The temporary COVID-19 leave regulations declare that intermittent leave is only available under FFCRA if both the employee and employer agree to it. They must also agree to the time increments for any intermittent leave.

Moreover, unless the employee is teleworking, intermittent leave is only permissible when the employee is using it to care for a child whose school is closed or care provider is unavailable. The DOL expresses concern that allowing intermittent leave for other circumstances under the paid sick leave law would pose too much of a risk of spreading COVID-19 to other employees.

Overall FMLA Leave

The regulations confirm that expanded FMLA leave due to children being home because of COVID-19 is still subject to the annual total of 12 weeks of FMLA leave for any purpose (except military servicemember caregiver leave, which may allow additional unpaid leave). Thus, an employee who has already used any FMLA leave within the applicable 12-month period set by the employer will not get a full 12 weeks of COVID-19 FMLA leave. Conversely, an employee who uses COVID-19 FMLA leave will have less leave, if any, available for the traditional FMLA circumstances.

The regulations also indicate that an employee may only take a maximum of 12 weeks of FMLA leave because of their child’s school closing or child care being unavailable. This clarification could be important, as an employer’s standard 12-month FMLA leave period could start over during 2020. Then, an employee might be able to take additional FMLA for other qualifying reasons, but no more than 12 weeks of the new leave under the FFCRA between April 1 and December 31, 2020.

Notices

Employee Rights Poster

The FFCRA requires employers to post an employee rights notice in conspicuous places in the workplace. The regulations allow that employers can meet this requirement by posting the notice electronically on an employee information website or by emailing it to them. However, the regulations do not specify that employers must do so even where employees can’t currently access the worksite.

The regulations specify that even a small company that finds it is exempt from providing leave must satisfy this posting requirement.

FMLA Forms

The DOL is not requiring employers to satisfy the regular FMLA notification requirements regarding the expanded FMLA leave under FFCRA. Employers accustomed to providing the FMLA paperwork, including notices of eligibility, rights and responsibilities, and written designations, may continue to do so for this new form of leave. But they do not have to (unless an employee may also qualify for another type of FMLA leave).

Employee Notice of Need for Leave

Employees do not have to notify their employer before beginning leave under the FFCRA. Employers can require employees to follow reasonable notice procedures as soon as practicable after the first workday for which an employee needs paid sick leave. They can also require employees to comply with usual notice procedures and requirements. However, the regulations add that if the employee fails to give proper notice, the employer should notify the employee of failure and give them a chance to provide the appropriate documentation before denying the leave.

Documentation Supporting Leave Requests

Because employers will need documentation to support the FFCRA tax credits, employees must provide a signed statement containing the following information:

  • employee’s name;
  • date(s) for which leave is requested;
  • the COVID-19 qualifying reason for leave; and
  • a statement representing that the employee is unable to work or telework because of the COVID-19 qualifying reason.

The employee must also provide additional documentation corresponding to the nature of the qualifying reason. As applicable, this documentation could include the identity of the government entity or healthcare provider ordering a quarantine or the name of the child and their school that is closed. In the latter situation, the employee also must provide a statement that no other suitable person is available to care for the child during the requested leave.

Leave Before April 1, 2020

Employers cannot deduct time employees took off before April 1, 2020, from these new federal leave requirements. Nor can employees be required to use other employer-provided leave simultaneously with these leaves.

The DOL recognizes that some employers proactively put new leave policies in place before April 1, 2020, to help employees through this coronavirus emergency. The COVID-19 leave regulations permit these employers now to cancel such policies prospectively in light of the new federal requirements.

Leave After December 31, 2020

The temporary COVID-19 leave regulations confirm that no employee has a right to leave under the FFCRA after December 31, 2020. An ongoing leave that began before then will automatically end on that date.

Administration Costs

DOL estimates covered employers will spend over $550,000,000 familiarizing themselves with and preparing to apply these leaves to employees. Based on the assumptions the Department of Labor used in their calculations, the actual costs will probably be much higher. And this doesn’t even factor in the additional time and expense of processing leave requests from employees or lost productivity due to their absences.

Navigating the COVID-19 Leave Regulations

Many small businesses that are not already subject to the FMLA may find it particularly difficult to apply these new requirements. The law and regulations are complex and not necessarily intuitive. Even determining whether your company must comply could be a challenge.

Some questions and issues will seem to be straightforward, but may involve an unexpected wrinkle. And, unfortunately, there are significant built-in penalties for making mistakes in either direction–either granting leave too generously or denying it improperly. On the one hand, violating employees’ new rights could result in litigation or administrative fines. On the other hand, paid leave not covered by the law won’t earn a tax credit. Or, if one is taken, it may constitute a violation of tax laws.

Thus, it is critical to thoroughly understand the law and regulations, including corresponding tax provisions. Most employers should work with experienced employment lawyers and tax professionals to determine what they must do to apply these federal leave laws correctly and avoid costly penalties.

 

For regular updates on COVID-19 issues affecting employers and other employment law developments, follow HortonLaw on LinkedIn.

Quarantine Leave Guidance

New York Issues COVID-19 Quarantine Leave Guidance

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.

 

For our latest updates on the impact of the novel coronavirus on the workplace and other employment law issues, follow us on LinkedIn.