Legal Blogs and Updates

As noted in our prior employer alert, New York state employers must offer leave in the wake of the COVID-19 pandemic. Importantly, the New York Department of Labor (NYDOL) has issued guidance in the form of a frequently asked questions page, which is accessible at the following linked webpage.

The NYDOL’s interpretive guidance helps clarify eligibility for the COVID-19 benefits related to job-protected sick leave and compensation. Specifically, the law applies in “cases where an individual is under an order of quarantine – either mandatory or precautionary. Entities that may issue an ‘order’ include the State of New York, New York State Department of Health, local Board of Health or any government entity authorized to issue such order.”

In addition, the NYDOL states that employees working for shut down companies (either temporarily or permanently) should attempt to secure relief via Unemployment Insurance via the NYDOL website. In other words, the COVID-19 quarantine leave applies to current employees not subject to an employer shutdown but who are under an applicable quarantine order.

Further, the NYDOL explains the payment rate under the guaranteed COVID-19 leave.  “Employees who work a fixed schedule or are paid a salary should simply continue to receive pay for the applicable period. For hourly, part-time, commissions salespeople, and other employees who are not paid a fixed wage, employers should determine the employee’s pay by looking at a representative period of time to set the employee’s average daily pay rate.”

The NYDOL also includes instructions and information related to the application process and provides guidance on the dispute and complaint process.

Our team of employment law attorneys are available to assist businesses during this challenging time, and beyond.

Written by Michael A. Shadiack and Scott P. Humphreys

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