As an employer, there are important things for you to know – and actions to take – related to the new COVID-19 quarantine paid leave legislation signed by Governor Andrew M. Cuomo.
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.
Most employees will get financial compensation through a combination of benefits. These benefits are not available to employees who are able to work through remote access or through other means.
The leave available to employees if they are subject to a mandatory or precautionary order of quarantine or isolation depends on the size of your business as of January 1, 2020, and/or whether you are a private or public employer.
Small businesses with 10 or fewer employees as of January 1, 2020, and that had a net annual income less than $1 million last year must provide your employees with:
Your employees can access benefits through your Paid Family Leave and disability benefits policy, for the duration of the order of quarantine or isolation.
Medium businesses with 11-99 employees as of January 1, 2020, and smaller employers (1-10 employees) that had a net annual income greater than $1 million last year must provide your employees with:
Your employees can then access benefits through your Paid Family Leave and disability benefits policy.
Large businesses with 100 or more employees as of January 1, 2020, must provide your employees with:
Public employers (no matter how many employees) must provide your employees with:
*If your business temporarily closes or goes out of business because of COVID-19, employees need to apply for Unemployment Insurance benefits.*
Most employees whose minor dependent child is under 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 government entity duly authorized to issue such order due to COVID-19, may be eligible to take Paid Family Leave to care for them. Eligibility for covered employees is the same as it is for other Paid Family Leave.
Your role in implementing the new COVID-19 quarantine leave provided through Paid Family Leave and disability benefits are largely the same as it has been for NY Paid Family Leave overall; however, there are new COVID-19-specific forms and attestations.
Employee notifies you of their intent to request leave and gets the appropriate form package (or you can provide the forms to them)
Complete and return: Each request package has two forms, which have sections to be completed by the employee and you as the employer. The employee will fill out their portion of each form, keep a copy, and submit the package to you for completing your sections, which ask you to:
Keep a copy for your records and return the completed request package to the employee within three business days. If you fail to return the forms within three business days, the employee can proceed without your information.
Employee submits to the insurer: The employee is responsible for submitting their completed request package directly to your DB/PFL insurance carrier within 30 days of their first day of leave. Employees may ask you for the name and contact information of your insurance carrier. Employees may also access this information by calling the Paid Family Leave Helpline at (844) 337-6303.
The insurer pays or denies benefits: The insurance carrier must pay or deny the employee’s request within 18 calendar days of receiving the completed request.
Request for COVID-19 Quarantine DB/PFL - Self (Forms PFL-1 & SCOVID19)
Request for COVID-19 Quarantine PFL - Child (Forms PFL-1 & CCOVID19)
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