Quick Reference Guide on Providing Sick Leave, Family Leave, and Disability Leave to NY Employees Under New York Senate Bill S8091 and the FFCRA

Employers should keep in mind that this chart only serves as a guide and does not constitute legal advice. All of the guidance provided in this chart is current as of April 1, 2020, but is subject to change based on additional guidance the New York State Department of Labor or the United States Department of Labor may issue related to these matters.

Furthermore, in reading this chart, the following facts should be assumed about its guidance.

Assumptions Related to the New York State Guidance

• Sick leave, family leave and disability leave benefits under New York State Senate Bill S8091 (Senate 8091 benefits) are only available to employees to the extent they exceed the benefits provided to employees under the Families First Coronavirus Response Act (the FFCRA). Accordingly, an employer (ER) should grant FFCRA benefits first, prior to determining what, if any Senate 8091 benefits apply.
• The number of employees employed by an employer is based on the number of employees an employer employed as of January 1, 2020.
• The ER is seeking the employee to perform services either at its facility or remotely, and the employee (EE) at issue is unable to perform work, including remote work.
• Full-Time (F/T) EEs who have been working 20 hours or more for a minimum of 26 consecutive weeks are eligible for Paid Family Leave and Disability Leave under Senate 8091.
• Part-Time (P/T) EEs who have been regularly working less than 20 hours for a minimum of 175 days, even if not consecutive, are eligible for Paid Family Leave and Disability Leave under Senate 8091.
• EEs are entitled to receive New York State benefits to the extent New York State benefits exceed the benefits provided to employees under the Families First Coronavirus Response Act (the FFCRA).
• An employee may be entitled to receive New York State Paid Leave for Family Care in order to care for a family member with COVID-19 if the COVID-19 condition amounts to a “serious health condition.” Although this chart references employee rights to New York State Paid Leave for Family Care, it does not provide an in-depth discussion explaining what rights an employee is entitled to receive, or the detailed circumstances which make an employee eligible to obtain such benefits.
• An “Order” as referred to in the chart means a mandatory or precautionary order of isolation or quarantine issued by a governmental body including the State or a municipal governmental body, and/or a department of health duly authorized to issue such an order. It is our understanding that current orders issued by the federal, state, city and local governments to close businesses and/or schools as a preventative measure to reduce the spread of COVID-19 or promote social distancing do not satisfy the order requirements entitling employees to sick leave under Senate 8091. Similarly, it is our understanding that a doctor’s note does not satisfy the order requirements entitling employees to sick leave under Senate 8091.
• EEs may be entitled to other benefits under existing New York State law.

Assumptions Related to the FFCRA

• The ER at issue has 499 or fewer employees and does not qualify for the small business exception.
• The ER is seeking the employee to perform services either at its facility or remotely, and the EE at issue is unable to perform work, including remote work.
• EE regular rate of pay is the highest of the employee’s regular rate of pay, or the FLSA minimum wage, or the highest applicable state or municipal minimum wage.
• EEs may be entitled to other benefits under existing federal law.

View the chart here.