Wednesday, February 10, 2021
The New York State’s Department of Labor (“NYSDOL”) recently issued new Quarantine Leave guidance for 2021 – guidance that is certainly controversial in that it seemingly goes beyond the statutory text of the NY COVID-19 Quarantine Leave Law to create expansive new employer mandates. We previously wrote about NY’s COVID-19 leave requirements here and here. While the new guidance seems ripe for legal challenge, it nonetheless reflects the new position of the NYSDOL. Employers should review this new guidance – keeping in mind its informal, non-binding nature – as the pandemic continues to affect leave decision-making.
Key Provisions of the New NYSDOL Guidance
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On January 20, 2021 – nearly a year after the law’s effective date – the New York Department of Labor (“NYDOL”) issued new guidance (the “Guidance”) for employers regarding the scope of available sick leave for employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 (“Quarantine Leave”). The Guidance creates new obligations for employers in New York and clarifies certain limitations on Quarantine Leave. It is also intended to supplement other guidancepreviously issued by the NYDOL, which remains in effect.
Quarantine Leave Overview
The statute authorizing Quarantine Leave, which was originally passed on March 18, 2020, requires New York employers to provide paid or unpaid job-protected leave to employees subject to a mandatory or precautionary order of quarantine or isolation issued by the state of New York, the Department of Health, a local board of health,
The New York DOL issued guidance for employers regarding the scope of available sick leave for employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19. The Guidance creates new obligations for employers and clarifies limitations on Quarantine Leave.
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The new COVID-19 stimulus package is now law. As discussed below, it provides some employers an incentive to extend certain COVID-19 related leave benefits through Q1 2021.
Optional FFCRA Tax Credits Extended Through March 31, 2021
The Families First Coronavirus Response Act (“FFCRA”), which became effective April 1, 2020, requires covered employers (generally those with
fewer than 500 employees) to provide Emergency FMLA Leave and Emergency Paid Sick Leave to qualifying employees who are unable to telecommute because of specific COVID-19 related reasons. We wrote about the FFRCA’s main provisions here, and the U.S. Department of Labor’s FFCRA guidance here. Importantly, the FFCRA provides private employers with a refundable dollar-for-dollar payroll tax credit for the mandated leave. The tax credits and leave requirements were originally set to expire on December 31, 2020.
Tuesday, December 29, 2020
The new COVID-19 stimulus package is now law. As discussed below, it provides some employers an incentive to extend certain COVID-19 related leave benefits through Q1 2021.
Optional FFCRA Tax Credits Extended Through March 31, 2021
The Families First Coronavirus Response Act (“FFCRA”), which became effective April 1, 2020, requires covered employers (generally those with
fewer than 500 employees) to provide Emergency FMLA Leave and Emergency Paid Sick Leave to qualifying employees who are unable to telecommute because of specific COVID-19 related reasons. We wrote about the FFRCA’s main provisions here, and the U.S. Department of Labor’s FFCRA guidance here. Importantly, the FFCRA provides private employers with a refundable dollar-for-dollar payroll tax credit for the mandated leave. The tax credits and leave requirements were originally set to expire on December 31, 2020.