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

CARES Act Expands Unemployment Insurance Benefits

President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act into law on March 27, 2020. Title II, Section A of the CARES Act, titled the “Relief for Workers Affected by Coronavirus Act
(RWACA),” provides for a significant expansion of unemployment insurance benefits for persons out of work due to the COVID-19 crisis. Major aspects of the RWACA are described below.

Pandemic Unemployment Assistance for Persons Otherwise Ineligible for Unemployment Benefits

Section 2101 of the RWACA creates a temporary Pandemic Unemployment Assistance (PUA) program effective from January 27, 2020 to December 31, 2020, which covers individuals out of work who would not
otherwise be eligible for unemployment insurance benefits (e.g., self-employed individuals, independent contractors, gig workers and persons with an insufficient work history) who are unable to work as a direct result of the COVID-19 crisis.

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