Emerging trends in COVID-19 paid sick leave

New York employers are starting to report many requests for sick leave benefits under the Families First Coronavirus Response Act (FFCRA) and New York's Quarantine Paid Sick Leave Law (NYS Q-Law), raising questions about eligibility. In many cases, proof is lacking that an employee is in quarantine or isolation, has been directed to self-quarantine, is seeking a medical diagnosis, is unable to telework, or must care for a minor child whose school is closed. Other employees who work for essential businesses are claiming they cannot report to work because they are immunocompromised, pregnant, older, or otherwise "high risk" for COVID-19. Still others are claiming that while they are healthy, they don't want to subject their family to the risk of infection. How do you respond to requests for benefits and excusals from work?

Missing documentation and information

Both the Emergency Paid Sick Leave (EPSL) under the FFCRA and the paid sick leave benefit under the NYS Q-Law require an order of quarantine or isolation to qualify. The New York State Department of Labor (NYSDOL) has issued guidance that an "attestation" from a licensed medical provider will suffice if the order isn't immediately available from a local department of health. Without an order, there is no entitlement to paid sick leave under the FFCRA or NYS Q-Law.

Moreover, the order is needed for the employer's FFCRA tax credit. The NYSDOL guidance explains to an employee how to obtain the order. Therefore, an employer shouldn't provide the paid sick leave benefit without proof of an order.