All private sector workers in New York State are now covered under the state’s new sick and safe leave law, regardless of industry, occupation, part-time status, overtime exempt status, and seasonal status. Recipients should consult with counsel before taking any actions based on the information contained within this material. Somewhat less clear are situations where employers must close or curtail business operations to comply with COVID-19-related orders. Under the new law, employers are required to provide paid (with narrow exceptions) and protected sick leave to employees who are subject to mandatory or precautionary orders of quarantine or isolation due to COVID-19. Further, the new law provides that paid quarantine leave must be granted without any loss of an employee’s accrued sick leave benefits. The key provisions of the state’s new Quarantine Leave Law, which went into effect immediately upon signing on March 18, are discussed below. The key provisions of the state’s new Quarantine Leave Law, which went into effect immediately upon signing on March 18, are discussed below. The law also excludes employees who elect to self-isolate absent a mandatory or precautionary order from the government. Under the existing PFL regime, virtually all private employers in New York are required to provide paid family leave benefits to eligible employees by purchasing a PFL policy or electing to self-insure. The information aims to assist both employers and employees in navigating the requirements and benefits under the new law. Governor Andrew M. Cuomo has announced new guidelines allowing travelers to New York to “test out” of the mandatory 14-day quarantine. employees who are quarantined due to voluntary travel to high-risk countries, as defined in the statute. Prior results do not guarantee a similar outcome. In effect, employees of public employers or employers with more than 100 employees, but fewer than 500 employees, will be entitled to the 80 hours (10 days) of paid sick time available under the FFCRA, and, if an applicable quarantine or isolation order still prevents an employee from working, the employee will then be entitled to at least four additional days of paid sick time under the Quarantine Leave Law, for a potential combined total of 14 paid sick days. Focused on labor and employment law since 1958, Jackson Lewis P.C. The nature and duration of leave varies based on the size, type and, in some cases, net income of employers. Eligible employees of private employers with fewer than 100 employees will be entitled to PFL and enhanced DBL benefits for any days of a quarantine for which they are not entitled to receive paid quarantine leave. Employees subjected to quarantine or isolation orders due to certain foreign travel (i.e., travel to a country with Centers for Centers for Disease Control and Prevention (CDC) level two or three travel warnings) are denied if the travel was unrelated to employment and employees were notified of both the travel health warnings and the Quarantine Leave Law’s exclusions before such travel. This material may be considered attorney advertising in some jurisdictions. Recently published committee comments clarified certain provisions of the law. It is unclear from the law whether such protections would extend after an employee has exhausted his or her paid leave but remains subject to a mandatory or precautionary quarantine order. Employees are not entitled to benefits if businesses initiate closings on their own due to COVID-19 reasons. We cannot become your lawyers or represent you in any way unless (1) we know that doing so would not create a conflict of interest with any of the clients we represent, and (2) satisfactory arrangements have been made with us for representation. Alabama’s new restrictive covenant statute became effective on January 1, 2016. The new law took effect on April 1, 2020 and will remain in effect until December 31, 2020. An initial version of the bill also included paid sick leave provisions that were not directly related to the COVID-19 pandemic and were scheduled to take effect January 1, 2021. We will be monitoring any actions by the NYSDOL and will provide further details as they become available. As of July 7, the restrictions affected 19 states that are hot spots around the country. This material is provided for informational purposes only. Such employees are, however, entitled to unpaid sick leave and use of accrued benefits during the period of quarantine or isolation. Must provide at least 5 paid sick days during the applicable quarantine leave period, and then unpaid sick days until termination of order. There are still many unknowns regarding the law’s quarantine leave provisions, which were hastily drafted. The potential combined STD/PFL benefit is significant. The expansions also appear to be temporary, to fulfill the purposes of the Quarantine Leave law, and do not permanently expand rights to New York disability and paid family leave. The State of New York has published limited guidanceand regulations from the Commissioner of Labor are expected. N.Y. Public Health Law § 2100: Authority. The seven-day waiting period for disability benefits also is eliminated for this special benefit expansion. Under the law, New York employers are now required to provide job-protected sick leave to employees who are subject to a mandatory or precautionary order of quarantine or isolation issued by the State of New York, state or local health department, or any other governmental entity due to COVID-19, as follows: Finally, the New York quarantine leave law addresses the interplay between the state law, and any related federal law (which, at the time the state statute was drafted, was only prospective). Quarantine-Related Sick Leave. 's 950+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. Please understand that merely contacting us does not create an attorney-client relationship. The Law provides for additional paid and unpaid leave, and expands the state’s paid family leave and […] It is unclear if the law’s reference to “accrued sick leave” in this context refers only to benefits mandated by law or also to benefits provided under an employer’s policy. The emergency law expands eligibility for those benefits and increases the amount of DBL benefits available, essentially tapping into those insurance funds and self-insured reserves to provide additional relief to employees affected by mandatory or precautionary quarantine orders. EO 202.45 temporarily modifies New York State’s pandemic-related Sick Leave Law to prohibit employees from receiving paid sick leave benefits if, as of June 25, 2020, they travel to a “restricted state” for non-work related reasons and contract COVID-19. By Francis P. Alvarez, Richard I. Greenberg, Christopher M. Valentino and Tania J. Mistretta. The new law requires that a New York employee seeking paid quarantine leave and/or benefits under New York’s paid family leave and disability insurance programs have an individualized mandatory or precautionary order of quarantine or isolation issued by the state of New York, the state department of health, a local board of health, or another authorized government entity. The quarantine leave available to an employee will depend on the size and income of the employer, as follows: Quarantine leave will be protected insofar as the law requires employees returning from such leave to be returned to the same position, pay, and terms and conditions of employment as prior to such leave. Basic Requirements The Act provides that each employer (as defined in the Act), including the State of New York, provide an Andrew Cuomo announced Saturday. PFL benefits are usually employee-funded and available only for time off needed to care for family members, not for an employee’s personal illness. New York: The state had been particularly tough with its two-week quarantine rule for visitors, but, as of Nov. 4, New York is allowing visitors to offer a negative COVID-19 test as an alternative. New York State has posted frequently asked questions, request forms, and other COVID-19 quarantine leave guidance on a State website. So, yes, the rules include New York residents. The amount of benefits available to qualifying employees varies by the size and, in some instances, the net income of the employer. Under federal, state and city laws, workers in New York City are entitled to paid time off if they or their child is forced to quarantine due to coronavirus. Effective immediately, the New York Quarantine Leave Law provides job-protected leave, and in some instances paid leave, for employees subject to a mandatory or precautionary quarantine or isolation order due to the coronavirus. In those circumstances, employees may apply for unemployment insurance benefits, where the seven-day waiting period has been waived. Below are brief explanations of these new laws that affect private employers along with links to the actual bill language. Every local board of health and every health officer may provide for care and isolation of cases of communicable disease in a hospital or elsewhere when necessary for protection of the public health. Consequently, the Quarantine Leave Law reduces benefits by the amounts received for overlapping leave reasons under federal law. This may be particularly important for employers who may need to reduce the size of their workforce, through terminations or furloughs, due to COVID-19 reasons. Affirmative Action, OFCCP and Government Contract Compliance, Corporate Governance and Internal Investigations, Restrictive Covenants, Trade Secrets and Unfair Competition, Disability Access Litigation and Compliance, Drug Testing and Substance Abuse Management, Washington: New COVID-19 Quarantine Proclamation, Amendment to Rollback of Reopening Rules, New York City Council Amends New York City Fair Chance Act, Top Five Labor Law Developments for November 2020. Employees who take leave under the new law will be protected against discrimination, discipline, retaliation, discharge, or penalty for having taken leave under the law. Employees returning from leave are entitled to job restoration at the same pay and terms of conditions of employment. The law contains two important carve-outs, for: In addition, employers may not apply the law in a manner that diminishes rights under a collective bargaining agreement (CBA). The emergency law also expands entitlement to statutory New York State Paid Family Leave (PFL) and benefits under the Disability Benefits Law (DBL) during the period of mandatory quarantine or isolation. New York employers must now provide sick leave for any “employee who is subject to a mandatory or precautionary order of quarantine or isolation issued by the state of New York, the department of health, local board of health, or any governmental entity duly authorized to issue such order due to COVID-19.” The paid leave entitlements of the FFCRA and Quarantine Leave Law will run concurrently. In addition, the justices. The definition of “maximum weekly benefit” under the DBL is temporarily and significantly increased from $170.00 to $2,043.92 per week for this purpose. All employees potentially are eligible for leave under the New York State Quarantine Leave law. New York State has issued guidance in the form of Frequently Asked Questions (“FAQs”) regarding the State’s new COVID-19 Leave Law (the “Law”). In enacting the Quarantine Leave Law, the legislature anticipated passage of potentially overlapping leave benefits under the federal Families First Coronavirus Response Act (FFCRA) or other potential federal legislation. The law does not require unpaid sick days thereafter, likely because quarantines are presumed to end after 14 days. The new law guarantees job-protected paid leave to workers who are subject to a mandatory or precautionary order of quarantine or isolation for COVID-19, issued by the state of New York, the Department of Health, local board of health, or any government entity duly authorized to issue such order, or whose minor dependent child is under such an order. COVID-19/Coronavirus, Employment Law, Leaves of Absence, New York, State Developments. Employees who are eligible for PFL and/or DBL benefits may begin collecting such benefits on their first day of quarantine leave, if not otherwise entitled to paid leave; the usual waiting period is eliminated for purposes of the emergency law. Because employers with at least 100 employees already provide pay sick leave for 14 days, the presumed length of a quarantine or isolation period, these expansions appear to apply only to employees who work for employers with fewer than 100 employees. As employers with more than 500 employees are not covered under the FFCRA, individuals employed by those large employers should be entitled to full benefits under the Quarantine Leave Law. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients' goals to emphasize inclusivity and respect for the contribution of every employee. Employer Coverage, Eligibility, Qualifying Reasons DBL benefits, in contrast, are available only in the event of an employee’s leave due to personal injury or illness. An employee may also be entitled to New York State Paid Family Leave under the law to care for a dependent child who is subject to such a quarantine or isolation order. New York state has released new guidance on its recently enacted emergency law providing paid sick leave benefits to certain employees subject to a coronavirus (COVID-19) quarantine and those taking care of a dependent minor subject to a COVID-19 quarantine (the State Law). Public employers include the state, cities, counties, towns, village school districts, and any other public benefit corporation, agency, or instrumentality of governmental power under the laws of the state. Some employers in New York State are now required to provide at least five days of job protected, paid sick leave to employees who need to take leave because they are under a mandatory or precautionary order of quarantine or isolation due to COVID-19. Unfortunately, the hastily-drafted emergency legislation was rife with ambiguities and undefined terms. Under the new law, employees at companies with more than 100 employees will be provided at least two weeks of paid sick leave during any isolation or quarantine caused by COVID-19. As we have reported, the Law requires New York employers to provide certain employees who are under a COVID-19-related quarantine or isolation order with either paid or unpaid sick leave, depending on the employer’s size and net income. The law also provides that if a federal law passes providing sick leave and/or employee benefits related to COVID-19, the New York quarantine law provisions, including but not limited to, paid sick leave, paid family leave, and benefits due to disability, shall not be available to employees otherwise subject to this law, unless New York’s law provides for greater benefits. New York State has issued guidance detailing answers to many frequently asked questions about the newly implemented COVID-19 quarantine leave law. The New York State Department of Labor (NYSDOL) is authorized to promulgate emergency regulations and issue guidance under this legislation. Eligible employees collecting both Short-Term Disability Benefits and Paid Family Leave Benefits may be entitled to as much as $2,884.62 per week (approximately $150,000 annually). The law requires employers with five or more employees to provide their … The State of New York has  published limited guidance and regulations from the Commissioner of Labor are expected. 202.45, any New York State resident who voluntarily travels to a designated state for travel that was not taken as part of the person’s employment or at the direction of the person’s employer, will not be eligible benefits under New York’s COVID-19 paid sick leave law. With federal and state legislation constantly evolving, and New York Governor Andrew Cuomo’s office issuing multiple executive orders, New York employers are struggling to understand their coronavirus (COVID-19) paid leave obligations. All employers, including public employers, have obligations under the Quarantine Leave Law. If you need guidance on the new law or in handling the complicated issues pertaining to COVID-19, please contact a Jackson Lewis attorney. For more information, visit https://www.jacksonlewis.com. 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