COVID -19 NY and Federal Paid Sick Leave and Emergency FMLA

Federal Emergency Paid Sick Leave—Effective April 2, 2020
• Two weeks of paid sick leave for employees that cannot work or telework because they are quarantined or caring for a quarantined person, symptomatic of COVID-19, or caring for a child whose school or daycare closed
• Health care employers and emergency workers are exempt
• Employer tax credit available

Federal Emergency FMLA – Effective April 2, 2020
• Up to 12 weeks of job-protected unpaid leave for employees that cannot work because they must care for a child whose school or childcare closed
• 10 weeks must be paid at 2/3 employee’s regular rate of pay
• Employers with fewer than 50 employees may be exempt if livelihood of business jeopardized
• Health care employers and emergency workers are exempt
• Employer tax credit available

NY Paid Sick Leave, Family Leave and Disability Benefits Due to Quarantine Order– Effective March 18, 2020
• Employers with 10 or fewer employees, if net income thresholds are met, and all employers with 11-99 employees must provide 5 days of paid sick leave; employers with more than 100 employees must provide 14 days of paid sick leave
• Excludes employees who can telework and are asymptomatic or not diagnosed with COVID-19
• NYD DBL and NYS PFL available
• Quarantine order can be from health department or any physician

Shared Work Program
• Employers can apply to the Shared Work Program to avoid layoffs
• Employees can receive partial Unemployment Insurance benefits while working reduced hours
• More information is available at: https://www.labor.ny.gov/ui/dande/sharedwork1.shtm

The Attorneys at Levene Gouldin & Thompson, LLP are available to provide advice and counsel concerning these new statutory obligations and other employment matters related to COVID-19.

 

 

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