Covid-19 Updates

There are new U.S. and NY State laws to protect employees during the Covid-19 health crisis.

Protection under U.S. Law

The Families First Coronavirus Response Act (“FFCRA”) gives certain employees the right to receive Emergency Paid Sick Leave and Emergency Paid Family and Medical Leave. The provisions in the FFCRA currently apply through December 31, 2020.

You may have rights under FFCRA if you:

• Work for a private employer with less than 500 employees
• Are a government employee (NOTE: Some federal workers are not eligible) 

Emergency Paid Sick Leave gives an employee up to 80 hours of paid sick leave if:

• They are ill, or
• They need to take care of someone else who is ill, or
• They need to take care of a child whose school or daycare is closed because of Covid-19.

What you can receive:

• If the employee is ill: They can receive 100% of pay up to $511/day for a total of $5,110.
• If they are taking care for someone else: They can receive 2/3 pay up to $200/day or $2,000 total. 

To receive Emergency Paid Family and Medical Leave, employees must be on the payroll for at least 30 days, and

• They cannot work or telework (work from home), and
• They need to care for a child under the age of 18 whose school or care provider is closed because of Covid-19.

What you can receive:

• Up to 12 weeks of job-protected leave.
• You will not receive pay for the first 10 days of leave (but you may be able to get other paid time off).
• After 10 days, you will receive 2/3 of your regular rate of pay, up to $200/day for a total of $10,000.

Note:

• If you have already taken Family Medical Leave, your Emergency Medical Leave time may be reduced.
• Emergency Medical Leave may be taken intermittently (not all at the same time), but ONLY if it's because schools or childcare is closed AND the employer allows it.

Protection under New York State Law

If you are an employee who is not covered by the FCCRA, you may be able to receive “NYS emergency paid leave” if:

• You have or may have Covid-19, or
• You are caring for a child that has or may have Covid-19, and
• Your health department personally ordered you to quarantine or self-isolate.

Whether that leave is paid or unpaid depends on the size of your employer.

For example, employers with less than 10 employees do not have to pay you during the leave. But you may be able to receive NYS Paid Family Leave and Disability Insurance.

• NYS Paid Family Leave gives you up to 10 weeks to care for your close family member.
• NYS Disability Insurance gives employees who become ill or are injured outside the job up to $170/week in income for up to 26 weeks. 

Immigration status is not a factor for eligibility. 

For more information and links to application forms, please go to the Federal and NYS Paid Leave page on Empire Justice Center’s website.

Workers’ Compensation

If you believe you were exposed to Covid-19 at your workplace and cannot work because of the illness, you may qualify for Workers' Compensation.

Unemployment Insurance

If you are unable to work or have lost your job because of the Covid-19 health crisis, you may be able to receive NYS Unemployment Insurance.

For more information on NYS Unemployment Insurance (NY UI), or unemployment benefits, please visit the Pandemic Unemployment Assistance ("PUA") program. 

Please note that on July 31, 2020, the additional Federal Pandemic Unemployment Compensation (“FPUC”) $600/week benefit for unemployed workers receiving UI or PUA, expired.  Please visit the Pandemic Unemployment Assistance website for more information and updates on whether the additional benefit has been extended.

To find out more information, such as how to apply for UI, and if you can receive PUA, please visit the NYS Unemployment Insurance FAQ page on Empire Justice Center’s website. 

Updated December 11, 2020

Laws that Protect Employees

If you are a crime victim, you have these protections in the workplace:

Time off to go to court

In New York State, it is against the law for your employer to fire you or punish you for missing work to go to court if:

• A prosecutor asks to meet with you
• You got a subpoena (a written order) to go to court
• You are a witness in a court case
• You want an Order of Protection from Family Court.

You must tell your employer the day before you miss work. You may also have to show proof you were in court You have the right to ask the police or prosecutor to help you tell your employer that you need to miss work.

If your employer does not follow this law, it is a crime.

Note:  Your employer does not have to pay you when you miss work to go to court.

Reasonable Accommodations

You may have a disability because of the crime.  Disabilities are long-lasting physical or mental injuries, such as depression or post-traumatic stress disorder.

If you have a disability, you have a right to ask your employer for “reasonable accommodations” under both New York State and federal laws.

What is a reasonable accommodation?

A reasonable accommodation is a change in the workplace, policies, or procedures. The change lets you:

• Do your job more easily
• Apply for a job
• Enjoy the same job opportunities as other employees

Examples include:

• Changing your work schedule
• Adjusting how a job is done
• Getting more unpaid time off for medical treatment.

You have a right to ask for accommodations, but they must be reasonable. Your employer does not have to make a change that would be too hard or expensive. That’s called “undue hardship.”

For example, if changing your schedule or giving you time off means other employees can’t do their jobs, this would be an undue hardship for your employer.

Your employer must work with you to see if a different accommodation can help.

Note:  Companies that have few employees may not have to provide reasonable accommodations.

It is important to know that you cannot ask to remove an “essential function” of your job.

Examples of essential functions include:

• Collecting money (cashier),
• Talking to callers (call center representative)
• Driving with passengers sitting behind you (taxi driver).

To find more information about disability rights visit the :

• NYS Attorney General’s website,
• Equal Employment and Opportunity Commission
• NYS Division of Human Rights website.

Other Legal Protections

If you are a victim of domestic violence, New York State gives you other legal protections.

Unemployment Insurance Benefits for Domestic Violence Victims

If you can show you left your job for “good cause,” you may be able to get cash  payments from the state.  These benefits replace part of your salary while you look for a new job.

Note:  You cannot get unemployment benefits if you decide to quit your job without good cause.

What is good cause?

Good cause means a good legal reason. It is also called a “compelling reason.”

Domestic violence can be a compelling family reason  to leave a job. If staying at your job will put you or a close family member in danger, you may have good cause to quit.

I was fired because of domestic violence. Can I get unemployment benefits?

Maybe. You may have to show proof of the abuse. Proof can be:

• A police report,
• An order of protection, or
• A statement from a professional who helped you and knows how the abuse affected you.

Even if  you don’t have proof, you can still apply for unemployment benefits. But you must tell the Department of Labor representative why you do not have proof.

For more information about domestic violence and unemployment benefits, or information about filing an appeal if you are turned down for benefits, please visit the Department of Labor website.

Protection against Employment Discrimination

It is against the law for an employer to discriminate against an employee.  This means, an employer cannot:

• Hire
• Fire
• Fail to promote
• Pay Less, or
• Treat an employee or job applicant differently

because of their:

• Race
• Country of birth
• Gender identity or expression
• Sex
• Religion
• Disability
• Age
• Citizenship status
• Sexual orientation
• Other protected categories.

In NYS, victims of domestic violence have special protections from employment discrimination.

If you think you have been discriminated against, you can file a discrimination claim with the:

• NY Department of Labor
• Division of Human Rights 
• Equal Employment Opportunity Commission.

There are deadlines to file a discrimination claim. You can check these websites to find out about the deadlines.