The new law expands paid sick leave for employers with under 500 employees and covers all employees, regardless of term of employment. Under this provision, allowable sick leave includes the following:
The employee is subject to a Federal, State or local quarantine or isolation related to COVID-19.
The employee has been advised by a health care provider (generally a doctor authorized to practice in the state) to self-quarantine because of concerns related to COVID-19.
The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
The employee is caring for an individual who is subject to an order described in bullet (1) above or has been advised as described in bullet (2) above.
The employee is caring for a son or daughter (under the age of 18) of such employee if the school or place of care of the son or daughter has been closed, or the child care provider is unavailable because of COVID-19 precautions. (See Family Leave Expansion below)
The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.
Under this provision, employers must offer employees 80 hours of paid sick leave (full-time employees) or the prorated average number of hours worked over a two-week period for part-time employees.
For reasons 1 through 3 above, employees must be paid their regular rate of pay subject to a cap of $511 per day ($5,110 over the aggregate 80 hours).
For reasons 4 through 6 above, employees must be paid 2/3 of their regular rate of pay subject to a cap of $200 per day ($2,000 over the aggregate 80 hours).
Family Leave Expansion When an employee is using sick leave under reason 5 listed under the Expanded Sick Leave above, the employee is entitled to up to twelve (12) weeks of employee coverage.
The first ten (10) days are paid under the Expanded Sick Leave benefits noted above. Over the next ten (10) weeks, the employee is entitled to 2/3 of their regular pay subject to a cap of $200 per day ($10,000 over the aggregate). This will allow the employee a maximum of $12,000 in the aggregate over the total 12-week period.
Your professionals at Castellano Korenberg & Co. are always available to assist you through this tough time of trying to make sense of all the new regulations being passed. Stay up to date with the most recent information by visiting our Coronavirus Resource page on our website, call us at 516-937-9500, or contact your CK professional for more information.