New York passed sweeping sick time laws to address the COVID-19 situation in the state which were effective immediately. The law applies to New York employees of any employer with employees in the state.
Paid Family Leave (PFL) was also expanded.
The details below are based on current information.
Employer Paid Sick Time
As it relates to COVID-19, the new law provides three tiers of sick time depending on employer size, job protection and maintenance of insurance benefits. Payment under the new law is done through a mix of paid sick time from the employer and through Short Term Disability and Paid Family Leave Benefits which are funded through existing employee payroll deductions.
The law guarantees job protected paid leave and maintenance of health benefits to those employees who are subject to a mandatory or precautionary order of quarantine or isolation for COVID-19 which is issued by the state, Department of Health, local board of health or any government entity (that has the authority to do so). Job protection is for the duration of the order regardless of whether the paid portion of the leave is exhausted.
For the employee to be eligible as it relates to COVID-19, the employee cannot telework or work through other means during the pandemic emergency and must be subject to a mandatory or precautionary order of quarantine or isolation for COVID-19 which is issued by the state, Department of Health, local board of health or any government entity (that has the authority to do so).
Businesses must offer pay, time off, job protection and health benefits maintenance to employees who are subject to such an order and cannot telework or work remotely according to the following tiers:
- Employer Size: 1-10 employees as of 1/1/2020; net income Less than $1 million or less in 2019: Employer not required to provide new paid sick days. Once this time is exhausted, employees who work for small and medium sized employers may be eligible for New York State Paid Family Leave and disability benefits for up the duration of the order of quarantine or isolation. This time is in addition to other paid time off that the employer already provides.
- Employer Size: 1-10 employees as of 1/1/2020; net income More than $1 million or less in 2019: Employer required to provide at least 5 paid sick days.
- Employer Size: 11-99 employees as of 1/1/2020; no income threshold: Employer required to provide at least 5 paid sick days.
- Employer Size: 100 or more employees as of 1/1/2020; no income threshold: Employer required to provide at least 14 paid sick days.
Employees in cities and counties with their own sick time laws will still have that time off available to them. The law is also in addition to paid time off already offered by the employer.
PFL Expansion
In an expansion of Paid Family Leave, the law guarantees job protection and maintenance of health benefits to those employees with minor children who are subject to a mandatory or precautionary order of quarantine or isolation for COVID-19 which is issued by the state, Department of Health, local board of health, or any government entity (that has the authority to do so).
For Employees Themselves
Employees who are subject to such an order and work for a small or medium sized employer will also have access to a combination of short-term disability and PFL benefits once they have exhausted the employer paid leave above. The same criteria apply.
For a Minor Child
To be eligible to for Paid Family Leave for a Minor Child who is subject to such an order, the employee cannot telework or work through other means during the pandemic emergency and must meet the following criteria:
- Full-time employees who work a regular schedule of 20 or more hours per week are eligible after 26 consecutive weeks of employment with the employer.
- Part-time employees who work a regular schedule of less than 20 hours per week are eligible after working for the employer for 175 days, which do not need to be consecutive.
For another family member
Paid time off may also be available under traditional PFL if an individual is caring for a qualifying family member (other than a minor child) who has been diagnosed with COVID-19.
In the event an individual’s minor child is subject to a mandatory or precautionary order of quarantine and the individual has used all mandated sick leave days provided by their employer, they may be eligible for paid family leave only up to a maximum benefit of $840.70.
A person who has already taken 10 weeks of PFL during the last 52 weeks would be ineligible for the PFL portion of the claim.
Paid Sick Time and PFL
The FAQs issued by the state clarify that this benefit is NOT meant to be used for:
- Preventative social distancing efforts;
- Employees who are physically able to remote work;
- Employees who are asymptomatic or otherwise able to telework or remote work are not eligible for these benefits;
- Employees subject to a quarantine because they voluntarily traveled to a country with a level two or three health notice from the CDC unless travel was at the direction of the employer, and they were provided notice of the travel health notice and the employee knew about this restriction in the new law;
- Office closures or community “shelter-in-place” orders.
The law clarifies that where the Families First Coronavirus Response Act conflicts with this new state law, New York will take an excess position, meaning benefits would be available to the extent they are greater than the federal benefits. The New York Department of Labor guidance recommends providing notice to employees of the law. The law includes anti-retaliation and anti-discrimination measures for use of this time as well as a complaint process.
Non-COVID-19 Sick Time coming to New York on September 30, 2020.
On April 2, 2020, Governor Cuomo signed a law mandating sick time for NY employees, based on the tiered system. On September 30, 2020, employers will need to allow employees to start accruing sick time based on company size. Employees will be able to begin using the time on January 1, 2021.
- Employer Size: Four employees or fewer; net income less than $1 million or less in 2019: Employer required to provide 40 hours unpaid sick time.
- Employer Size: Four employees or fewer; net income greater than $1 million in 2019: Employer required to provide 40 hours paid sick time.
- Employer Size: 5-99 employees or fewer; no income threshold: Employer required to provide 40 hours paid sick time.
- Employer Size: 100 or more employees; no income threshold: Employer required to provide 56 hours paid sick time.
Employers should closely track state, local and federal legislation in the coming weeks and months as the COVID-19 crisis evolves.