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Separate from the federal Families First Coronavirus Response Act we wrote about last week, New York State has passed its own COVID-19 Paid Leave legislation.
The New York bill, signed by Governor Cuomo and made effective March 18, seeks to address the immediate needs of nonworking employees affected by COVID-19 who are subject to “mandatory or precautionary orders of quarantine or isolation.” The legislation differs from the federal Act mainly in that it specifically and exclusively addresses the impact of governmental quarantine orders, rather than any diagnoses or doctors’ orders.
The legislation explicitly does not apply to any employees able to work from home.
The bill also breaks employers into smaller subgroups when it comes to their obligations to employees. As opposed to the federal Act, which had the same requirements for all employers with fewer than 500 employees, the New York bill dictates the following:
Employers with 10 or fewer employees and a net income less than $1 million must provide their workers:
- Job protection for the duration of the quarantine order
- Guaranteed access to Paid Family Leave and disability benefits (short-term disability) for the period of quarantine – including wage replacement for their salaries up to $150,000. Here’s a link to apply for Paid Family Leave and disability benefits in New York .
Employers 10 or fewer employees and a net income greater than $1 million, in addition to ALL Employers with 11-99 employees, must provide their workers:
- Minimum 5 days of paid sick leave
- Job protection for the duration of the quarantine order
- Guaranteed access to Paid Family Leave and disability benefits (short-term disability) for the period of quarantine including wage replacement for their salaries up to $150,000.
Employers with 100 or more employees, as well as all public employers (regardless of number of employees), must provide their workers:
- Minimum 14 days of paid sick leave
- Guaranteed job protection for the duration of the quarantine order
Additional Notes:
- You may be eligible for additional leave under NYS Paid Family Leave and disability benefits.
- If an employer is closed due to COVID-19 or a quarantine order, employees may immediately apply for Unemployment Insurance.
- Employees who must be home to care for a minor dependent child who is quarantined (not just due to school closing) can also apply for family leave. Learn more here.
The state has issued a helpful guide for employers about NY COVID-19 Paid Sick Leave here.
Employees and employers can get more detailed information on specific situations here.
