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As discussed, and outlined in our previous Client Alert Memorandums, both New York State and the federal government have enacted sweeping and expanded relief and benefit programs for individuals and businesses across the state and country as a result of COVID-19 (“Coronavirus”).
In sum, effective March 18, 2020, New York Senate bill #8091 has established new sick leave guarantees. Depending on the size of an Employer, individuals would either be afforded unpaid leave time and job protection or paid leave and job production. We invite you to refer to our previous Client Alert Memorandums posted on our social media pages for the full text.
The federal government’s counterpart, The Families First Coronavirus Response Act (“FFCRA”), will go into effect on April 1, 2020. The FFCRA expands on the currently established Family and Medical Leave Act (“FMLA”) and will offer assistance with both the health and economic crises facing Americans today. The FFCRA requires that covered employers who employ less than 500 employees must provide paid leave for all employees affected by the coronavirus, regardless of the employees’ duration of employment. Specifically, the employer must now provide an additional two full weeks (or 80 hours) of paid sick time at the employee’s regular rate of pay to every full-time employee who is unable to work or telework because of COVID-19. Additionally, an employer must now also provide paid sick time at the employee’s regular rate of pay to every part-time employee who is unable to work or telework because of COVID-19. However, instead of a blanket two weeks, part-time workers can take paid sick leave for up to the number of hours the employee works on average in a two-week window.
With all these new enactments, it is relatively easy for a small or midsize business or employer to get lost in all the uncertainty and unchartered waters and for an employee to not fully understand their rights. Thankfully, the Department of Labor (“DOL”), has released “Model Notices” that all covered employers must disclose to their employees and post in the workplace. If your office is closed due to the pandemic, the Notices may be emailed or mailed to employees. We have attached the links in convenience for our readers:
- Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act
- Federal Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act
The DOL also published a helpful FAQ regarding these notices (found here).
Please feel free to contact our office to discuss any potential Employment Law matter in further detail.
This memorandum relates to general information only and does not constitute legal advice. Facts and circumstances vary. We make no undertaking to advise recipients of any legal changes or developments.
