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

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

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 will get financial compensation by using a combination of benefits, which may include new employer-provided paid sick leave (PSL), as well as existing paid family leave (PFL) and disability benefits. Again, these benefits are not available to employees who are able to work through remote access or other means.
Under the legislation, PFL can also be used to care for a family member who has contracted COVID-19, which qualifies as a serious health condition.
Note that New York employees’ ...

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