Empire State Requires All Employers to Provide Sick Leave

Mara B. Levin, Anthony A. Mingione, and Jacob W.E. Kearney

Late last month, Governor Cuomo signed into law the State Budget (S7506B), which includes new paid and unpaid sick leave requirements for employers in New York State. The law requires that all employers provide workers with job-protected sick leave, with the amount of leave dependent upon the employer’s size, number of employees, and net income. The law goes into effect September 30, 2020, but employers can prohibit the use of sick leave accrued under the law until January 1, 2021.

The law requires:

  • Employers with 100 or more employees must provide at least 56 hours of paid sick leave each calendar year;
  • Employers with between five and 99 employees must provide at least 40 hours of paid sick leave each calendar year;
  • Employers with fewer than five employees but having a net income greater than one million dollars in the previous tax year must provide at least 40 hours of paid sick leave each calendar year; and
  • Employers with fewer than five employees but having a net income less than one million dollars in the previous tax year must provide at least 40 hours of unpaid sick leave each calendar year.

Employers can fulfill their obligations by either providing the sick leave in a lump sum at the beginning of the calendar year (i.e., frontloading it) or by allowing employees to accrue sick leave at a rate of not less than one hour for every 30 hours worked, beginning at the later of September 30, 2020, or the commencement of  employment. While current employees will begin accruing sick leave in 2020, employers are not required to permit usage of that accrued time until January 2021. Employees must be allowed to carry unused sick leave over to the next calendar year, but employers can restrict the use of sick leave to the maximum hours guaranteed under the law (either 40 or 56). The carryover of hours is intended to allow employees to maintain continuity and a bank of sick leave, which avoids accruals starting from zero every year; and the cap is meant to keep the total usage in a given year from being problematic for employers. Employers are not, however, required by the law to pay an employee for unused sick leave upon the employee’s termination, resignation, retirement, or other separation from employment.

The law’s requirements act as a floor, and employers can provide employees with additional benefits and sick leave in excess of the law’s requirements.  Significantly, the sick leave requirements in S7506B are not limited to the COVID-19 pandemic but rather are permanent.

Bereavement Leave and Employee Support Amid COVID-19

Emery Gullickson Richards

As employers seek to support employees losing loved ones to the coronavirus COVID-19, thoughtful consideration of workplace measures takes on critical significance. How employers support employees through the loss of a loved one has an indelible impact on the lives of employees, the work environment, and the organization’s integrity. Bereavement leave policies address the unprecedented circumstances created by the mounting, tragic toll of COVID-19, providing support to employees at the time when they need it most. Although bereavement leave policies are not legally required in most jurisdictions in the United States, most U.S. employers offer some amount of paid bereavement leave.[1]

Bereavement Leave Laws

Only a small number of jurisdictions have bereavement leave laws. For example, the Oregon Family Leave Act (“OFLA”) provides employees at certain employers[2] in the state with the right to take protected leave to make funeral arrangements, attend a funeral, or to grieve a family member who has passed away. This bereavement leave may last for a period of up to two weeks and must be completed within 60 days of the employee learning of the death of their loved one. Similarly, the Illinois Child Bereavement Leave Act provides employees[3] with bereavement leave rights in the event of the loss of a child, and an employee who loses more than one child within a year may take up to six weeks of bereavement leave. Other states, such as Massachusetts, have considered similar laws. Recently, a Massachusetts resident created an online petition urging legislators to take up the cause again amid the coronavirus pandemic, highlighting the increased focus on these policies today. Continue reading “Bereavement Leave and Employee Support Amid COVID-19”

Another Round for the Garden State! New Jersey Again Changes Leave and Disability Benefits for COVID-19 Impacted Employees

Thomas J. Szymanski

New Jersey Governor Phil Murphy recently signed S2374 into law, expanding the New Jersey Family Leave Act (“NJFLA”) and New Jersey Temporary Disability Benefits Law (“NJTDBL”) and providing additional employee protections during the coronavirus COVID-19 pandemic and future epidemics, including (1) the expansion of reasons for leave; (2) certification changes; (3) intermittent use of such leave; (4) changes related to highly compensated employees; and (5) the expansion of the scope of compensable leave under NJTDBL. These changes are effective immediately and apply retroactively to March 25, 2020.

NJFLA—Expanded Reasons for Leave

During a state of emergency declared by the Governor, or when indicated to be needed by the Commissioner of Health or other public health authority, due to “an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of a communicable disease,” an employee may use NJFLA leave for the following new reasons:

    1. Childcare—to care for a child due to a school or daycare closure;
    2. Mandatory quarantine— to care for a family member subject to mandatory quarantine; and
    3. Voluntary self-quarantine—to care for a family member whose doctor recommends a voluntary self-quarantine.

Continue reading “Another Round for the Garden State! New Jersey Again Changes Leave and Disability Benefits for COVID-19 Impacted Employees”

NJ WARN Amended in Light of COVID-19 Pandemic

Asima J. Ahmad

On April 14, 2020, New Jersey Governor Phil Murphy signed Senate Bill 2353 into law, which excludes mass layoffs resulting from the coronavirus COVID-19 pandemic from the notice and severance pay requirements contained in the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ WARN”). Prior to this change, employers faced uncertainty on whether they would be obligated to provide notice and severance pay to each full-time employee that was terminated with less than the required 60-days’ notice due to the pandemic.

Specifically, SB 2353 revises the definition of “mass layoff” to mirror the exceptions that are already contained in NJ WARN’s definition of “termination of operations.” As a result, a mass layoff which would otherwise require notice shall not include one “made necessary because of a fire, flood, natural disaster, national emergency, act of war, civil disorder or industrial sabotage, decertification from participation in the Medicare and Medicaid programs as provided under Titles XVIII and XIX of the federal “Social Security Act,” Pub.L. 74-271 (42 U.S.C. s.1395 et seq.) or license revocation pursuant to P.L.1971, c.136 (C.26:2H-1 et al.).” These changes go into effect immediately and are retroactive to March 9, 2020, the date that Governor Murphy declared a COVID-19-based state of emergency and public health emergency in New Jersey via Executive Order 103. Continue reading “NJ WARN Amended in Light of COVID-19 Pandemic”

Pennsylvania Requires Life-Sustaining Businesses to Implement Significant New COVID-19 Safety Measures

Mark Blondman and Frederick G. Sandstrom

The Pennsylvania Secretary of Health issued an Order on April 15 imposing significant additional “safety measures” on life-sustaining businesses that have been permitted to maintain in-person operations during the coronavirus COVID-19 pandemic. The Order might also be a preview of requirements that may be more broadly implemented in connection with an eventual general reopening of businesses in the Commonwealth. The order is available here.

The Order requires all businesses authorized to maintain in-person operations to implement specific “distancing, mitigation and cleaning protocols” by 8:00 p.m. on Sunday, April 19. These protocols include an obligation to “provide masks for employees” and to “make it a mandatory requirement to wear masks while on the work site.”

The Order covers three areas: (1) protocols for day-to-day operations by all life-sustaining businesses; (2) specific protocols life-sustaining businesses must follow upon exposure to a person with a probable or confirmed case of COVID-19; and (3) additional protocols for life-sustaining businesses, other than healthcare providers, that serve the public within a building or defined area. Continue reading “Pennsylvania Requires Life-Sustaining Businesses to Implement Significant New COVID-19 Safety Measures”

City of LA Publishes Rules and Regulations Clarifying COVID-19 Supplemental Paid Sick Leave Order

Caitlin I. Sanders

As we previously reported, on April 7, 2020, Los Angeles City Mayor Garcetti issued an emergency order calling for supplemental paid sick leave for City employees who are not covered by the federal Families First Coronavirus Response Act and who must miss work for reasons related to COVID-19. On April 11, 2020, the Los Angeles Office of Wage Standards (“OWS”) issued rules and regulations clarifying Mayor Garcetti’s supplemental paid sick leave order. The rules and regulations can be found on the OWS website here.

The OWS anticipates updating these rules and regulations, and we will continue to monitor the OWS for the latest guidance.

For the latest updates, please visit Blank Rome’s Coronavirus (“COVID-19”) Task Force page.

Understanding Paid Sick Leave and Family Leave in New York Following the Enactment of Families First Coronavirus Response Act

Christopher Cody Wilcoxson, Anthony A. Mingione, and Mark Blondman

On Wednesday, March 18, 2020, Governor Cuomo signed Senate Bill 8091 (the “NY Act”) providing coronavirus COVID-19 relief for affected employees. Blank Rome’s Coronavirus Task Force covered the immediate enactment on our Blank Rome Workplace Blog. The NY Act provides sick leave and benefits that are in excess of those provided by the Families First Coronavirus Response Act (“FFCRA”), which President Donald Trump signed into law on the same day. Blank Rome’s Coronavirus Task Force detailed the FFCRA when it was enacted; and provided updated guidance on March 25, 2020.

Employers in New York are required to comply with both the NY Act and the FFCRA and must determine whether any benefits in excess of those provided by FFCRA are required. This update summarizes several of the key differences between the New York and federal benefits.

What Employers Are Covered?

NY ACT: All employers are subject to the NY Act; however, benefits vary based on the size and net income of the employer.

FFCRA: Only businesses with fewer than 500 employees within the United States are subject to the FFCRA. Continue reading “Understanding Paid Sick Leave and Family Leave in New York Following the Enactment of Families First Coronavirus Response Act”