Provided by:  Jennifer Kirschenbaum, Esq.

                                                                                                                                                            March 16, 2021

Question:

Hi Jennifer, 

Do I still have to pay for days off for Covid for staff?  What's the rule.  I thought last year's stimulus is expired? 

Thanks, 
Dr. P


Answer:

You are correct that Families First expired on December 31, 2020, but New York and other state laws apply (if you're outside of NY).   For New York, here is where things stand - 

  • Under 10 employees, <$1mil net income – no days
  • Under 10 employees, >$1mil net income – 5 paid sick days
  • 11-99 employees – 5 paid sick days
  • 100+ employees + + Public – 14 paid sick days


https://paidfamilyleave.ny.gov/covid19 

If an employee exhausts sick leave, New York Paid Family Leave has also been expanded to cover Covid and offers job and income protection for up to 12 weeks (depending on the blend of use of Covid sick leave, and disability...).

How to apply leave is very confusing, and there are a lot of options out there for employees who are sick or are caring for others.  Ask if you have questions; we are here to help.   Failure to abide by the requirements for leave for employees may have consequences and the lookback period extends past the expiration of the special rules in place for the exigent circumstances.  Recent guidance on Families First provides for a two year statute of limitations on violations (or three years in cases involving alleged willful violations). https://www.dol.gov/agencies/whd/pandemic/ffcra-questions#104