Federal and New York State COVID-19 Sick Leave Laws Update

The U.S. Department of Labor (DOL) has issued a model notice and guidance for the recently enacted Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLEA).
New York State has also issued guidance for its recently enacted COVID-19 sick leave law. This alert provides an overview of those laws and certain aspects of the respective guidance issued for them, including a chart (see last page) that outlines leave requirements for each law.

EMERGENCY PAID SICK LEAVE ACT OVERVIEW
The EPSLA requires employers with fewer than 500 employees to provide all employees with the following sick leave:
 - Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay, where the employee is unable to work (or telework) because the employee is quarantined (pursuant to federal, state or local
government order, or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or
 - Two weeks (up to 80 hours) of paid sick leave at twothirds the employee’s regular rate of pay where the employee is unable to work (or telework) Read more