New York Paid Leave for COVID-19

March 20, 2020
Photo of the Queensboro Bridge in New York

Updated April 3, 2020

On March 18, 2020 New York Governor Andrew Cuomo signed a bill into law that provides immediate wage replacement assistance to eligible New York employees who are unable to work due to their own or their minor child’s mandatory or precautionary COVID-19 quarantine or isolation order issued by the State, department of health, local board of health, or government entity.

Additional Details

  • Employer COVID-19 sick leave requirements:
    • Employers with less than $1M in net income in 2019 and under 10 employees are not required to provide paid sick leave.
    • Most employers with under 100 employees are required to provide 5 days of job-protected paid sick leave.
    • Public employers are required to provide 14 days of job-protected paid sick leave.
    • Private employers with 100 or more employees are required to provide 14 days of job-protected paid sick leave.

  • Job-protected paid leave benefits following employer-provided sick leave during an eligible New York employee's own COVID-19 quarantine or isolation:
    • Eligible employees who are unable to work can access special Paid Family Leave (PFL) and Disability Benefits Law (DBL) benefits (“New York COVID-19 Paid Quarantine Leave”) after they have exhausted employer-provided paid sick leave described above if they are the subject of a COVID-19 mandatory or precautionary quarantine or isolation.
    • PFL insurance coverage provides up to 60% of an employee’s pay, up to a maximum weekly benefit of $840.70.
    • Employees with higher weekly wages can also access up to $2,043.92 of DBL.
    • The total maximum New York COVID-19 Paid Quarantine Leave benefit is the lesser of the employee’s regular pay and $2,884.62 per week.

  • Job-protected paid leave while an eligible New York employee is caring for a quarantined or isolated minor child:
    • Eligible employees can access PFL up to a maximum of $840.70/week if they are unable to work while they care for their minor children who are under a mandatory or precautionary order of quarantine or isolation.

  • There is no waiting period for New York COVID-19 Paid Quarantine Leave and for PFL payable for care of an employee’s COVID-19 quarantined or isolated minor child.

  • Effect of Pay under the Families First Coronavirus Response Act (FFCRA):
    • New York COVID-19 Paid Quarantine Leave benefits are reduced by pay from their employer under the FFCRA.
    • PFL benefits for care of a COVID-19 quarantined or isolated minor child are not payable for periods an employee is eligible to receive pay from their employer under the FFCRA.

  • Job protection applies during the quarantine.

  • Quarantines under the law are precautionary or mandatory orders of quarantine or isolation issued by the state of New York, the department of health, local board of health, or any governmental entity authorized to issue such order due to COVID-19 to New York employees or their minor children. Information regarding how to obtain a quarantine or isolation order can be found here: paidfamilyleave.ny.gov/system/files/documents/2020/03/obtaining-order-of-quarantine.pdf

    Examples of quarantine or isolation orders are shown here:

  • Additional details are on the New York state website: governor.ny.gov/paid-sick-leave-covid-19-impacted-new-yorkers/emergency-covid-19-paid-sick-leave.

  • Customers and employees with The Standard Life Insurance Company of New York’s DBL/PFL insurance should contact us with questions they may have regarding this new paid leave benefit.

    Request forms for taking New York COVID-19 Paid Quarantine Leave or PFL to care for a minor COVID-19 quarantined or isolated minor child are available: Request for COVID-19 Quarantine DB/PFL – Self (Form SCOVID-19) and Request for COVID-19 Quarantine PFL – Child (Form CCOVID-19).

 

Categories: 
New York / Legislative Activity