On April 3, 2020, New York State enacted state-wide mandatory sick leave, which employees may begin using on January 1, 2021. This leave is in addition to the emergency paid sick leave for COVID-related reasons, which was enacted a few weeks ago. Employers in New York City and Westchester will find the new law similar to the existing local requirements, with some changes.

Amanda BakerApril 7, 2020Sick Leave

Care of Family Member with COVID-19 Diagnosis Temporarily Covered by NY Paid Family Leave

On March 27, 2020, the Chair of the NYS Workers’ Compensation Board adopted, on an emergency basis, an amendment to clarify that eligible employees may take New York Paid Family Leave to care for a family member diagnosed with the COVID-19 virus.

Amanda BakerMarch 31, 2020Virus, Pandemic, Paid Family Leave

Updated Guidance on Federal and State COVID Leave Laws

The federal Department of Labor and New York State have issued additional guidance in the form of FAQs clarifying some of the ambiguities in the recently enacted leave laws. Below is a brief summary of some of the relevant clarifications.

Kristina GrimshawMarch 26, 2020Virus, Employee Health, Pandemic, Sick Leave, FMLA, Disability, Paid Family Leave

COVID-19 Causes U.S. Department of Homeland Security to Announce Flexibility Regarding I-9s for Remote Employers

The requirement that employers inspect original documents in person and in the presence of the new employee has posed significant challenges for employers during the COVID-19 Pandemic. Employers may have instituted remote work policies or other social distancing measures that make physical inspection of original employment authorization documents and in-person meetings with new employees impracticable for the foreseeable future. This difficulty has been exacerbated by the recently issued Executive Orders from various states which require non-essential businesses to work solely from home. In response to these challenges, the U.S. Department of Homeland Security (DHS) announced last Friday that it will defer the physical presence requirements for employment authorization verification for employers and workplaces that are operating remotely

Amanda BakerMarch 23, 2020Virus, Pandemic, Onboarding, I-9

Federal Government and New York State Enact COVID Leave Legislation

On March 18, President Trump signed the “Families First Coronavirus Response Act” (the “Families First Act” or the “Act”). Among other provisions, the Act expands the coverage of the Family and Medical Leave Act (“FMLA”) through December 31, 2020 to cover childcare needs related to a public health emergency for all employers with fewer than 500 employees. The Act also requires such leave to be paid, up to a cap. In addition, the Act provides emergency paid sick leave for all employers with fewer than 500 employees. To offset these costs, the Families First Act grants employers tax credits for amounts paid for expanded FMLA and sick leave, up to specific caps. The expanded FMLA and emergency paid sick leave requirements go into effect on April 1, 2020. Additionally, on March 17, Governor Andrew Cuomo announced that the state government had come to an agreement regarding the provision of emergency paid leave for employees impacted by mandatory or precautionary orders of quarantine due to the COVID-19 virus.

Kristina GrimshawMarch 19, 2020Virus, Employee Health, Pandemic, Sick Leave, FMLA, Disability, Paid Family Leave

Updated COVID-19 Guidance for Employers

With the situation surrounding COVID-19 constantly evolving, we wanted to provide some additional guidance to employers. Should Employers Restrict Travel? Advice on international travel is changing rapidly. Employers are encouraged to visit the CDC website for the current list of travel restrictions. Employers should consider eliminating or limiting non-essential business travel to countries on the warning list or requiring employees to clear business travel with a particular company point-person.

Kristina GrimshawMarch 4, 2020Employee Health, Pandemic, Travel, Virus