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Coronavirus update: New York sick leave, disability and family leave provisions

On March 18, 2020, Governor Cuomo signed emergency legislation guaranteeing job protection and pay for New Yorkers who have been quarantined as a result of the novel coronavirus, or COVID-19. The law requires job-protected, employer-provided paid sick leave and additional disability (NY DBL) and paid family leave (NY PFL) benefits for employees who cannot work or telework due to COVID-19 related reasons.

The following chart outlines employer obligations for sick leave and/or NY disability and paid family leave benefits, by the number or employees who work in NY. Notably, job protection for sick leave applies to all employers; NY DBL and NY PFL for quarantine purpose apply to employers with less than 100 NY employees*. This chart is now part of our statutory state matrix, which we are updating to keep you informed on state-by-state leave developments related to the pandemic.   

New York DBL and PFL changes 

Employees of employers with less than 100 workers can claim benefits under the NY DBL and NY PFL programs for certain COVID-19 related absences, after the paid sick leave period exhausts.  

New York DBL benefits 
The law provides an additional reason to obtain NY DBL benefits, with no waiting period, when an employee: 

  • Has exhausted all available paid sick leave; and 
  • Is unable to perform the regular duties of their employment or any other employment which their employer may offer as a result of a mandatory or precautionary order of quarantine or isolation due to COVID-19 

New York PFL benefits 
The law provides additional reasons to obtain NY PFL benefits when an employee needs leave: 

  • Because the employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19; or 
  • To provide care for the employee’s minor dependent child who is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 

NY DBL and NY PFL benefits can be payable concurrently, but an employee may not collect any benefits that would exceed $840.70 in NY PFL and $2,043.92 in NY DBL per week, for a total of $2,884.62. The law does not change the existing annual limits under the NY DBL and NY PFL program. The employee is entitled to job restoration upon return to work following leave taken pursuant to the new law.

Resources

Additional Information on New York’s sick leave provisions can be found at: https://www.governor.ny.gov/paid-sick-leave-covid-19-impacted-new-yorkers/emergency-covid-19-paid-sick-leave.

Additional information on New York’s  DBL/PFL provisions can be found at: https://paidfamilyleave.ny.gov/COVID19. For patients and healthcare providers, it may be useful to reference these 50 state health department COVID-19 resources.

You can also bookmark and reference Sedgwick’s statutory state chart, outlining the latest updates in disability and leave coverage for COVID-19. 

Let us know how we can help. 


*The State of NY is expected to provide official guidance regarding employee count for purposes of the NY COVID-19 law. Please check back for updates.


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