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Comparing COVID-19 paid sick leave under the FFCRA and New York law

April 2020 employment law letter
Authors: 
Paul J. Sweeney, Coughlin & Gerhart, LLP

Many New York employers remain confused about whether an employee is entitled to paid sick leave benefits under the Families First Coronavirus Response Act (FFCRA) or the New York State Quarantine Paid Sick Leave law (NYS Q-Law) or both. There are some key differences in eligibility and benefits paid. Given the penalties for nonpayment, employers must understand the differences between the two.

FFCRA

Applicable to employers of less than 500 employees, the FFCRA provides for Emergency Paid Sick Leave (EPSL) if the employee is unable to work (or telework) due to a need for leave because of one of the following "qualifying reasons":

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