March 18, 2020

NYS Announces Plan For New Sick Leave and Paid Leave in Response to COVID-19

Governor Andrew Cuomo announced legislation on March 17, 2020, creating emergency job protections and paid sick leave for workers affected by COVID-19. New York State has reached an agreement that will allow those affected by a government-issued mandatory order of quarantine or isolation for themselves or their minor child due to COVID-19 to seek emergency paid sick leave protections. This means that if your local government has issued a mandatory order of quarantine or isolation, or closed the schools due to Coronavirus, you will be protected. For reference, here are links to New York City and Dutchess County’s Emergency Orders.

This institutes a permanent policy for workers who need to take paid sick leave for themselves or for a family member as a result of the novel coronavirus, if they are subject to a government-order of quarantine or isolation. Those who have been ordered for quarantine, either mandatorily or out of precaution, will be provided with the following:

  • Employers with 10 or fewer employees and a net income less than $1 million will provide job protection for the duration of the quarantine order and guarantee their workers access to Paid Family Leave and disability benefits (short-term disability) for the period of quarantine including wage replacement for their salaries up to $150,000.
  • Employers with 11-99 employees and employers with 10 or fewer employees and a net income greater than $1 million will provide at least 5 days of paid sick leave, job protection for the duration of the quarantine order, and guarantee their workers access to Paid Family Leave and disability benefits (short-term disability) for the period of quarantine including wage replacement for their salaries up to $150,000.
  • Employers with 100 or more employees, as well as all public employers (regardless of number of employees), will provide at least 14 days of paid sick leave and guarantee job protection for the duration of the quarantine order.

This legislation does not apply to everyone who has been impacted by closures. For example, in Dutchess County, private day care facilities have not been ordered to close, yet many have for safety reasons. This means that a parent whose work remains open during the crisis, and whose day care is closed (despite not being ordered to do so), does not necessarily have the protections offered under the proposed new legislation.

We will continue to update this page as the legislation is passed and implemented. You can find additional information about the bill from the Governor’s office, or from A Better Balance

Contact us if you have any questions about how to use or implement these new protections, as the law is enacted.

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This Week’s FFCRA Complaints: The Wrongful Terminations Continue 

August 21, 2020
Leave
Disability Discrimination
Since we started this weekly blog post in May, we've read and summarized over 50 complaints filed under the new leave law. As we’ve pointed out, many of these complaints follow almost a template, with workers being terminated for either taking legally-allowed precautions to protect fellow workers from potential infection or for having legitimate reasons to take leave, often to care for a family member or child.

In an Uncommon Move, McDonald’s Sues Former CEO

August 20, 2020
Sexual Harassment
It’s not every day that a blue chip company decides to sue a former executive, let alone its erstwhile CEO, but this is exactly what McDonald’s did by suing Steve Easterbrook, who had been fired last year for inappropriate conduct, specifically, sexting with an employee.

The Art of the Doctor’s Note

August 19, 2020
Pregnancy Discrimination
We’ve all needed one at some point –– a doctor’s note explaining that we’re out for the count on some otherwise necessary aspect of work or school, at least temporarily. Many people are realizing that because of COVID, they don’t feel safe at work due to a disability, and need to modify their pre-pandemic job to accommodate this new reality. In this type of situation, what do you ask your doctor for? What does such a note need to include to help you successfully advocate for your rights?

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