New York Leave of Absence (FMLA) laws & HR compliance analysis

New York Leave of Absence (FMLA): What you need to know

On March 12, 2021, Governor Andrew Cuomo signed legislation providing all public and private employees in New York with "a sufficient period of time,” not to exceed 4 hours, of paid leave per each COVID-19 vaccine injection.
The new law adds Section 159-c to the New York Civil Service Law and Section 196-c to the New York Labor Law. These new provisions establish that employers cannot require employees to use any other leave type to which they might already be entitled, such as paid sick leave or vacation leave. Leave taken under the new law must be paid at the employees' regular rate of pay.
The law is effective from March 12, 2021, through December 31, 2022.
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On March 18, 2020, Governor Andrew Cuomo signed Senate Bill S8091 into law guaranteeing job protection and pay for New Yorkers who have been quarantined as a result of the novel coronavirus (COVID-19).
Under the new law, employers cannot fire or penalize employees who are unable to work while subject to “a mandatory or precautionary order of quarantine or isolation due to COVID-19.” Job protection provisions apply to New York employers of any size.
New York state employees unable to work due to the “stay at home” orders will have job protection during the duration of the isolation period that employees are self-isolating under a mandatory or precautionary order. However, employees who are able to work remotely while under the “stay at home” orders and/or who are asymptomatic are not covered by the law.
The law’s paid leave provisions depend on the size of the employer. Most employees ...

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