Paid Leave Coronavirus (COVID-19)April 6, 2020
1. UNION DEMAND
We demand that all 1199SEIU members will be paid during a quarantine period without using sick leave or PTO, regardless of the size of employer.
2. NEW YORK STATE PAID LEAVE LAW
A new NY State law provides 14 days sick pay on top of existing PTO for those quarantined from employers with more than 100 employees. Employers with between 5-99 employees must provide 5 days paid, followed by access to paid family leave/disability.
3. NEW YORK STATE FAMILY LEAVE LAW
Under New York State’s paid family leave law, you can access up to 10 weeks of partial wage replacement to care for a close family member with a serious health condition.
4. FEDERAL PAID SICK LEAVE
Beginning April 2nd, a new Federal law provides for 80 hours paid leave on top of PTO at employers with between 50 and 500 employees quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis. Federal Paid Sick Leave does not apply for employers with less than 50 or more than 500 employers. Currently healthcare providers can opt to exempt their employees from receiving this benefit. 1199 is working with legislators to eliminate this exemption and pressuring our employers not to use this optional exemption for this important benefit that is fully funded by the federal government.
5. FEDERAL FAMILY LEAVE LAW
Beginning April 2nd, employees at employers between 50 and 500 employees can also access 12 weeks of job protected leave at partial pay under the new Federal law when an employee needs to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19. The same healthcare provider optional exemption described in paragraph 4 above applies.
6. SUPPLEMENTAL FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION
The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act provides a temporary Federal Pandemic Unemployment Compensation benefit of $600 a week for any worker eligible for state or federal Unemployment Compensation benefits. This $600 a week Unemployment Compensation is paid in addition to and at the same time (but not necessarily in the same check) as regular state Unemployment Compensation benefits; if you’ve already applied for Unemployment, you do not need to reapply for the additional compensation.
New York State Paid Leave Resources
Frequently Asked Questions
1. I have been sent home from my job because of exposure to Coronavirus. Do I have to use my own sick leave/paid time off?
Response: No, you should not be required to use your own paid time. Your employer should provide up to 14 additional days of paid sick time.
Benefit: PTO should be paid at your regular rate of pay.
Under the Federal law, paid leave is capped at $511 per day and $5,110 total.
2. I have been sent home from one job because of exposure to Coronavirus, and I also work a second job. Am I entitled to leave from both?
Response: Yes, provided that both employers have quarantined you.
3. I have a family member who was exposed to Coronavirus and I am subject to quarantine. What pay am I entitled to?
Response: You qualify for Paid Sick Leave because of your own exposure.
4. I am sick with Coronavirus. What paid leave am I entitled to?
Response: You are entitled to Paid Sick Leave as outlined by NYS/Federal Law.
Workers are thereafter entitled to disability pay for up to 26 weeks. If the virus was acquired on the job, you may be entitled to workers’ compensation.
Benefit: NBF Disability if covered, supplemented by accrued time up to 100% of salary.
New York State disability is up to $170 per week, supplemented by accrued sick time up to 100% of salary if provided by the CBA.
Workers’ comp up to $934.11/week.
5. I have a family member who is sick with Coronavirus and I have to stay home to take care of them. What am I entitled to?
Response: NYS entitles you to up to 10 weeks of family leave with partial wage replacement.
Federal law allows for up to 12 weeks of family leave with partial wage replacement.
Benefit: New York State Paid Family leave is up to $840.70 per week.
After 10 days of unpaid leave, the Federal law provides for 2/3 of regular pay, capped $200 per day and $10,000 in the aggregate.
6. What if I am furloughed or laid off because of the impact of the virus?
Response: You are eligible for unemployment insurance, with the one week waiting period waived.
If your employer contributes to the Job Security Fund, you may be eligible for supplemental unemployment pay and health benefits.
Benefit: New York State provides up to $504 per week.
7. I believe it is not safe for me to go to work because I am in a high-risk group.
Response: You should request to be assigned remote work.
If you are not able to work remotely, you should request an unpaid leave of absence with job protections, as provided by your contract.
The new Federal law may entitle you to benefits through Pandemic Unemployment Assistance (PUA) if you believe you have been forced to quit as a result of COVID-19.