New York Passes Job Protected Leave Law for Employees Affected by COVID-19
Published: 03.20.2020
On March 18, 2020, New York Governor Andrew M. Cuomo signed legislation providing emergency paid leave for employees who are subject to a mandatory or precautionary order of quarantine or isolation as a result of COVID-19.
The law also expands New York’s Paid Family Leave Law (PFL) and Disability Benefit Law (disability) to cover employees subject to such a quarantine or isolation order by:
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Allowing employees to collect Paid Family Leave benefits, supplemented by increased TDI benefits to make their weekly wages whole, up to a maximum of $150,000 annually.
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Eliminating the waiting period for these benefits, as well as for unemployment insurance for claims related to the COVID-19.
Expanding Paid Family Leave benefits to cover an employee or their dependent child if they are under a mandatory or precautionary order of quarantine or isolation due to COVID-19.
When Effective immediately.
What Employers with
10 or fewer employees (as of Jan. 1, 2020) and a net income of less than $1 million must:
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provide unpaid sick leave until the termination of any quarantine or isolation,
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and guarantee their employees access to Paid Family Leave and disability benefits (short-term disability) with no waiting period for the period of quarantine including wage replacement for their salaries up to $150,000.
Employers with
11-99 employees (as of Jan. 1, 2020) and
employers with 10 or fewer employees (as of Jan. 1, 2020) and
a net income greater than $1 million must:
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provide at least five days paid sick leave, and then unpaid sick leave until the termination of any quarantine or isolation.
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guarantee their employees access to Paid Family Leave and disability benefits (short-term disability) with no waiting period for the period of quarantine including wage replacement for their salaries up to $150,000.
Employers with
100 or more employees (as of Jan. 1, 2020), as well as
public employers (regardless of the number of employees), must:
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provide at least 14 days of paid sick leave during any order of quarantine or isolation.
Applicability and Restrictions: The law applies only to employees who have been ordered to quarantine or isolate by the state of New York, the Department of Health, a local board or health, or another governmental entity authorized to issue such an order.
The law does not apply to employees who are asymptomatic or have not yet been diagnosed with a medical condition and are physically able to work remotely or through other means.
Paid sick leave benefits are not available to employee’s subject to the order of quarantine or isolation if they traveled for non-work to a country if they had notice of the Centers for Disease Control and Prevention issuing a level two or three travel health notice. Such employees may use any accrued leave provided by their employer. If the employee does not have accrued leave,
unpaid sick leave will be provided for the duration of the mandatory or precautionary quarantine or isolation.
Upon return from leave, employees must be restored to his/her position held prior to any leave taken with the same pay and other terms. Employers are not permitted to discriminate or retaliate against the employee for taking such leave.
The commission of labor is given the authority to adopt regulations, including emergency regulations to effectuate the provisions of this Act.
The superintendent of financial services by regulation, in consultation with the director of the state insurance fund and the chair of the workers’ compensation board of the state, will promulgate regulations necessary for the implantation of a risk adjustment pool.
New York Paid Family Leave
https://paidfamilyleave.ny.gov/COVID19
New York Workers Compensation & TDI
http://www.wcb.ny.gov/
