NYS Paid Family Leave Now Classifies COVID-19 Diagnosis as a Serious Health Condition

NYS Paid Family Leave Now Classifies COVID-19 Diagnosis as a Serious Health Condition

31 Mar 2020

In light of the ever-growing Coronavirus pandemic, New York State has filed an emergency adoption to make any COVID-19 diagnosis a serious health condition. This emergency amendment was added to Title 12 NYCRR, section 355.9, making it legally possible to take family leave to care for a family member diagnosed with the Coronavirus. Officially filed on March 27, 2020, the rulemaking will be effective for the next 90 days thereafter.

The emergency amendment is in response to Governor Andrew Cuomo’s aim to guarantee job protection and financial compensation for anyone subject to a mandatory or precautionary order of quarantine. Now, most employers are required to provide at least five days of paid sick leave for employees who are under quarantine or their minor dependent child is. The number of sick days varies, depending on the number of employees in the company and the employer’s net annual income.

Financial compensation will be provided by using a combination of benefits, such as sick leave, Paid Family Leave, and disability benefits. According to the mandate, these benefits do not apply to employees who are able to work remotely or through other means.

For any questions or concerns about paid family leave, you can visit the Paid Family Leave FAQs page, or call the New York State Paid Family Leave Helpline at (844) 337-6303. Cerini & Associates will continue to provide updates of this and all other Coronavirus-related information that may affect you, your business, or your nonprofit via our Coronavirus Updates Page.

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