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Signed into Law: March 18, 2020
>Effective: April 2, 2020
|Leave Type||Reason||Start Date||Payment%||Payment Cap||No. of Hours/Days Cap.||Order of Use|
Employee Legally Quarantined or
Told by Healthcare Provider to Quarantine
|Immediate||100% of average weekly wage||511.00/
$5,111.00 in aggregate
|Employee Caring for
Legally Quarantined Child or Child Whose School or Child Care provider is Closed due to COVID 19
|Immediate||66.66% of average weekly wage||$200.00/
$2,000.00 in aggregate
|FMLA||Employee Caring for Child whose School or Child Care Provider is closed due to Coronavirus||10 day waiting pd., Employed at least 30 days||66.66% of average weekly wage||$200.00/day;
$10,000.00 in aggregate
|12 weeks total (First 2 weeks unpaid)||Used Second|
|NY Paid Family Leave||Taking care of a sick child||Must Use Corona Leave & FMLA
|60% of average weekly rate||Maximum weekly benefit of $840.70||10 weeks
Concurrent with Federal Leave
Third if Available
Can Combine with Disability
|Disability||You are out for prolonged illness.||Must Use Corona Leave First||100% of average weekly wage||Maximum weekly disability benefit of $2,043.92||Concurrent with Federal Leave and PFL||Used Third if Available, Can Combine with PFL|
If an employer closes after the FFCRA’s effective date (even if you requested leave prior to the closure), you will not get paid sick leave or expanded family and medical leave but you may be eligible for unemployment insurance benefits. This is true whether your employer closes your worksite for lack of business or because it was required to close pursuant to a Federal, State or local directive.
Secretary of Labor made publicly available a model of a notice that must be posted by ALL employers with 500 employees or less.
Available in English and Spanish: https://www.dol.gov/agencies/whd/pandemic
Signed into Law: March 18, 2020
>Effective: March 18, 2020
|Employer Size||Additional Sick Days for Full Time Workers||Paid?||Amount%|
|1 – 10,
Less than $1 M in net income
|5||Unpaid||Regular rate of pay|
|1 – 10,
$1 M or more in net income
|5||Paid||Regular rate of pay|
|11 – 99||5||Paid||Regular rate of pay|
|100+||14||Paid||Regular rate of pay|
|Public Company||14||Paid||Regular rate of pay|
For more information: https://paidfamilyleave.ny.gov/COVID19
Mandatory or precautionary order of quarantine or isolation issued by the state of New York, the department of health, a local board of health, or any government entity duly authorized to issue such order due to COVID-19.
To date, the guidance provides that the Governor’s order for all workers in non-essential services to stay at home is not a quarantine order as defined so does not qualify for benefits under the NY PFL program, but workers may be eligible for unemployment or other federal or state benefits. The order does not include coverage for employees who are home because their employer has temporarily closed, or due to a minor child’s school closing
The law does not apply to an employee who is asymptomatic or has not yet been diagnosed with any medical condition and is physically able to work while under a mandatory or precautionary order of quarantine or isolation, whether through remote access or other similar means.
Families First Corona Virus Response Act runs concurrently with NY PFL and/or Disability.
Payment through NY PFL and/or Disability is made only to the extent NY PFL or Disability is in excess of FFCVRA payments.
The employee must submit their completed forms together with a copy of their order of mandatory or precautionary quarantine (issued by the relevant government entity) to their employer’s disability and Paid Family Leave insurance carrier no later than 30 days from the employee’s first day of leave to avoid losing any benefits.
NY State Sick Leave Law recently signed by Cuomo also requires New York employers – starting September 15, 2020 – to provide their employees with the following sick leave:
Although employees begin accruing sick leave on September 15, 2020, employees cannot use their accrued sick leave until January 1, 2021.
Starting January 1, 2021, employers must permit their employees to use accrued sick leave for the following purposes:
Employers may not require their employees to disclose confidential information relating to leave taken as a result of any domestic violence, sexual offense, stalking, or human trafficking.