Program Rules The following is a brief overview of some of the program rules for New York’s special COVID- 19 disability and paid leave programs. It is important to remember that the special COVID-19 leave applies to quarantine orders only (a very narrow application) and does not supplant regular statutory disability and paid family leave benefits. Some of these rules seem counterintuitive if read without that understanding. • Employees who are asymptomatic or not yet diagnosed with any medical condition and are physically able to work during a quarantine, whether remotely or otherwise are not eligible. • If an employee is eligible for federal paid sick leave, the employee cannot receive special NY COVID-19 benefits, except as a “top off.” • A quarantine order is sufficient proof of disability or need for PFL. • The COVID-19 paid sick leave only applies if an employee is subject to a quarantine order. • Paid sick leave is not available to care for a child or others subject to a quarantine order. (In this situation, the employee should apply for COVID-19 paid family leave.) • If an employee has symptoms of COVID-19 or is diagnosed with COVID-19, the employee is not eligible for paid sick leave. Rather, the employee would apply for regular statutory disability benefits. • If an employee needs a leave to care for a family member with symptoms of COVID-19 or who is diagnosed with COVID-19, the employee can apply for regular statutory paid family leave benefits. Pending State Sick Leave and Paid Leave Laws Many other states currently have sick leave and paid leave laws pending in their legislatures. It is expected that many of these will move through the legislative process on an emergency basis. Proposed legislation is currently pending in the following: California, Washington, DC, Kentucky, Michigan, Minnesota, Puerto Rico, and Washington. This section will be updated as other state laws are passed or amended in the future.
San Francisco HCSO and FCO Reporting
Reporting Suspended The city of San Francisco has canceled the employer requirement to submit the 2019 Annual Reporting Form for the Health Care Security Ordinance (HCSO) and the Fair Chance Ordinance (FCO). All other requirements of the HCSO and FCO are still in effect for employers covered by these San Francisco ordinances.
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