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COVID-19 Leave Obligations For New York Employers: Understanding The Intersection Of State And Federal Law

4.15.20

Both New York and the federal government passed laws providing leave for employees impacted by COVID-19, leaving employers in New York grappling to understand how the two laws intersect. New York employers are required to comply with both the New York Emergency Paid Sick Leave Law (“NY EPSL”) and the Families First Coronavirus Response Act (FFCRA). After April 1, 2020, the effective date of FFCRA, employees in the state are eligible for benefits under the NY EPSL when the benefits provided by that law are in excess of those provided by FFCRA. In those instances, the employee is entitled to the federal benefits, plus the difference in benefits available under the FFCRA and the NY EPSL. The below chart summarizes the benefits under NY EPSL and FFCRA to help New York employers understand their obligations. 

¹ https://www.fisherphillips.com/resources-alerts-top-10-things-employers-need-to-know-about
² https://www.fisherphillips.com/resources-alerts-an-employers-step-by-step-guide-to
³ https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

Conclusion

Fisher Phillips will continue to monitor the rapidly developing COVID-19 situation and provide updates as appropriate. Make sure you are subscribed to Fisher Phillips’ Alert System to get the most up-to-date information. For further information, contact your Fisher Phillips attorney, any attorney in our New York office, or any member of our COVID-19 Taskforce. You can also review our nationwide Comprehensive and Updated FAQs for Employers on the COVID-19 Coronavirus, put together by the Taskforce.

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