This is a summary of the enacted legislation implementing a paid sick leave program, as well as other changes, to the current New York State Disability Law (DBL) and New York State Paid Family Leave (PFL) provisions. We understand that this new law raises many questions about administration of these benefit plans. We are here to address your questions. You can call Gary wallach at 914-806-5853 if you have any. We will provide further updates as we learn more.
Overview of COVID-19-related sick leave and additional changes to DBL and PFL programs
Quarantine leave requirements vary by employer size: COVID-19-related paid and unpaid sick leave entitlements vary by employer size. The employer size determination is based on the number of employees in New York on January 1, 2020.
Businesses with 1-10 employees and net income of less than $1 million: Employees must be provided unpaid sick leave until the termination of the quarantine order. In order to receive pay, these employees are eligible for DBL and PFL benefits.
Businesses with 1-10 employees and net income of $1 million or more: Employees must be provided five days of paid sick leave and unpaid sick leave until the termination of the quarantine order. After the five days of paid sick leave are exhausted, employees are eligible for DBL and PFL benefits.
Businesses with 11-99 employees: Employees must be provided five days of paid sick leave and unpaid sick leave until the termination of the quarantine order. After the five days of paid sick leave are exhausted, employees are eligible for DBL and PFL benefits.
Businesses with more than 100 employees: Employees must be provided with at least 14 days of paid sick leave during a mandatory or precautionary quarantine.
Public employers: Employees must be provided with at least 14 days of paid sick leave during a mandatory or precautionary quarantine. Public employers include state/local/county and municipal governments, school boards and districts, state-run college and universities, and police and fire districts.
Job Protections: The bill contains job restoration and non-retaliation provisions.
Adds a new leave reason for quarantine: Quarantine is defined as 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 an order due to COVID-19.
Modification to the definition of Disability: The bill changes the definition of Disability.
➢ Disability is any inability of an employee to perform the regular duties of his or her employment or the duties of any other employment which his or her employer may offer him or her as a result of a mandatory or precautionary order of quarantine or isolation issued by the state, the Department of Health, a local board of health, or any government entity duly authorized to issue such order due to COVID-19 when the employee has exhausted all paid sick leave provided by the employee’s employer under this act.
Waives the Elimination Period for COVID-19-related DBL claims: DBL benefits are payable on first day of disability for COVID-19-related claims.
Modification to the definition of Family Leave: The bill changes the definition of Family Leave.
➢ Family Leave is any leave taken by an employee from work when an employee is subject to a mandatory or precautionary order of quarantine or isolation issued by the state, the Department of Health, a local board of health, or any government entity duly authorized to issue such order due to COVID-19; or
➢ To provide care for a minor dependent child of the employee who is subject to a mandatory or precautionary order of quarantine or isolation issued by the state, the Department of Health, a local board of health, or any government entity duly authorized to issue such order due to COVID-19.
Changes how DBL and PFL benefits are run and how they are paid:
➢ DBL and PFL benefits may run concurrently.
➢ Benefits are payable on the first day of quarantine.
➢ An employee may not collect any benefits that would exceed $840.70 in paid family leave and $2,043.92 in DBL benefits per week.
➢ The maximum weekly benefit for DBL is the difference between the maximum weekly family leave benefit and the employee’s total average weekly wage from each covered employer up to a maximum benefit due pursuant to disability of $2,043.92 per week.
Documentation is required: A mandatory or precautionary order of quarantine or isolation issued by the state, the Department of Health, a local board of health, or any government entity duly authorized to issue such order due to COVID19 is sufficient proof of Disability or proof of need for Family Leave.
Employees excluded from expanded coverage:
➢ Employees who are deemed asymptomatic or have not yet been diagnosed with any medical condition and who are physically able to work while under a mandatory or precautionary order of quarantine or isolation, whether through remote access or other similar means, are not eligible for benefits.
➢ Employees are not eligible to receive paid sick or other benefits in this bill if they are self-quarantining after returning to the United States after non-work-related travel abroad to a Level 2 or 3 country and had notice of travel restrictions prior to the trip. These employees may use other accrued leave. They must be provided unpaid sick time through the duration of precautionary quarantine.
Federal preemption of NY benefits:
➢ To the extent that any federal benefits that may be enacted are more generous that contained in this bill, the federal law will preempt this bill.
➢ However, if the federal benefits are less generous, employees can claim benefits in the amount of the difference between the 2 programs.
Effective Date: Immediate
Expiration of expanded provisions: None provided in bill.
Current as of March 18, 2020
If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.
BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.
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If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.
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