Excellent NY Business Council Webinar
New York State and the Federal Government have expanded sick leave and family leave protections. This is very complex. The New York Business Council has been hosting excellent webinars outlining the new laws and how they work together. To access the webinars go to the Business Council Website HERE.
New York Paid Sick Leave and Family Leave
Employees that work for small sized employers, which includes employers with 10 or fewer employees and that have a net income of less than $1 million, would receive unpaid sick leave and immediately become eligible for Paid Family Leave and Temporary Disability Insurance (TDI) benefits.
Those working for medium sized employers, which includes employers with 10 or fewer employees that have a net income of greater than $1 million and employers with between 11 and 99 employees, would receive at least five days of paid sick leave, followed by eligibility for Paid Family Leave and TDI benefits.
Those working for employers with 100 or more employees, as well as all public employees, would receive a minimum of 14 days of paid sick leave.
The legislation allows these employees to collect Paid Family Leave benefits, supplemented by increased TDI benefits to make their weekly wages whole, for those who earn up to a maximum of $150,000 annually.
Additionally, it eliminates the waiting period for these benefits, as well as for unemployment insurance for claims related to the coronavirus.
It also expands 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 coronavirus.”
For a summary of the new New York State law go HERE.
Federal: Paid Family and Sick Leave
The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The Department of Labor’s (Department) Wage and Hour Division (WHD) administers and enforces the new law’s paid leave requirements. These provisions will apply from the effective date through December 31, 2020.
Under the FFCRA, an employee qualifies for paid sick time if the employee is unable to work (or unable to telework) due to a need for leave because the employee:
- is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
- has been advised by a health care provider to self-quarantine related to COVID-19;
- is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
- is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
- is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or
- is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.
Under the FFCRA, an employee qualifies for expanded family leave if the employee is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19.
The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers, and private employers with fewer than 500 employees. Although there may be some exceptions for businesses with fewer than 50 employees. (We are waiting for regulations to be adopted)
For more information go to the Department of Labor website HERE.