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