Department of Labor (DOL) Guidance on COVID-19 Leave Due to Summer Camps’ Closure; New Yorkers Could Lose COVID Sick Leave for Travel to High Risk States

The US DOL Has Issued Guidance for Families First Coronavirus Response Act (FFCRA) Leave Based on Closure of Summer Camps

• Leave under the FFCRA is permitted for an employee, among other reasons, to care for his or her child whose “place of care” is closed due to COVID-19 related reasons, which can include summer camps or summer enrichment programs
• The full DOL guidance, including an analysis if whether a summer camp or program qualifies as a place of care of an employee’s child, is available here: https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fab_2020_4.pdf

New Yorkers’ Loss of COVID Sick Leave for Travel to High Risk States

• Governor Cuomo signed Executive Order 202.45 on June 26, 2020, which, among other changes, amends New York’s COVID-19 sick leave to provide that an employee shall not be eligible for paid sick leave benefits or any other paid benefits pursuant to New York’s COVID-19 sick leave if the employee voluntarily travels after June 25, 2020 to a state with a positive COVID-19 test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate, over a seven day rolling average, and the travel was not taken as part of the employee’s employment or at the direction of the employee’s employer
• For a list of the restricted states, please see: https://coronavirus.health.ny.gov/covid-19-travel-advisory
• The full Executive Order is available here: https://www.governor.ny.gov/news/no-20245-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency

The Attorneys at Levene Gouldin & Thompson, LLP are available to provide advice and counsel concerning matters related to COVID-19.