Paid Sick Leave Options for NY Workers Who Have COVID-19

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“Employees should know their options and rights to sick leave and other protections during the COVID crisis and should make sure their employers are in compliance,”

    SYOSSET, NY, October 19, 2020 /24-7PressRelease/ — Kaplan Lawyers announced today that, due to the coronavirus outbreak, some employers in New York State are now required to provide at least five days of job-protected, paid sick leave to employees who have issues related to COVID-19 and that there may also be additional options available. These options include either federal or state emergency paid sick leave coverage, and New York City workers may also be eligible for paid sick leave that can be used on top of the state or federal emergency leave. Also, unemployed workers may be eligible for unemployment insurance benefits, expanded during the COVID crisis.

“Employees should know their options and rights to sick leave and other protections during the COVID crisis and should make sure their employers are in compliance,” said John Tucker, Director of Claims Management at the law firm of Kaplan Lawyers PC. “Most employees who are not able to work remotely are entitled to compensation by using a combination of benefits, which, depending on employer size, may include the new employer-provided paid sick leave, paid family leave and disability benefits. Paid family leave may also be used for workers who need to care for a family member who has contracted COVID-19.”

Kaplan Lawyers has geared their practice to defending workers’ rights regarding safety in their workplaces and helping them receive compensation if they become sick or are injured while doing their job. This has become particularly relevant during this time of public health emergency.

“The additional sick leave required in New York is a result of legislation that New York State Governor Andrew Cuomo signed on March 18, 2020,” said Tucker. “The law provides job-protected paid sick leave benefits to employees who are subject to a government-issued order of mandatory or precautionary quarantine or isolation due to COVID-19. The amount of paid sick leave required, either 5 or 14 days, depends on the number of employees and the employer’s net annual income.”

This job-protected leave is meant for the duration of a quarantine order and guarantees workers access to New York Paid Family Leave and short-term disability benefits for the period of quarantine. After all employer-provided paid sick days are used up, employees can apply for New York Paid Family Leave and short-term disability benefits for compensation during the rest of their quarantine.

Employers have three business days to complete and return the employer sections on the State’s required Paid Family Leave forms to employees. If employees do not receive the forms within this time, they can apply for benefits with their employer’s insurance carriers. Forms must be submitted along with a mandatory or precautionary order of quarantine or isolation issued by the State Department of Health, local Board of Health or other government entity. These orders are available to employees who have had risk of exposure to COVID-19.

If a local health department is unable to provide the order in a timely manner, employees have the option of getting an order from a licensed medical provider as a temporary substitute until the local health department order becomes available.

In addition, employees may be eligible for NY COVID-PFL if their child’s school is closed due to COVID. Employees need to seek benefits through their employer and/or through the Families First Coronavirus Response Act.

Since the laws are complicated and the COVID situation is constantly changing, Kaplan advises that employees having problems with obtaining sick leave should consult with an attorney about their individual situation.

About Kaplan Lawyers PC
The team of lawyers at Kaplan Lawyers PC fights for the rights of workers to have safe conditions in their workplace and to ensure that those injured at work receive the maximum amount of benefits and the best medical care. For those who are unable to return to work, their lawyers fight for benefits for permanent disability for the long term. Kaplan Lawyers offers a free consultation to examine the individual circumstances of every case and determine the best way to get optimum compensation. If you are having COVID-related or other work-injury issues, call Kaplan Lawyers today at (516) 399-2364 for a free, no-obligation case evaluation.

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