Coronavirus: FFCRA "What If?" Grid for Employers and Employees

If this happens…

An Employee can...

Federal Requirements*

NYS Requirements**

School is closed because of COVID-19 and parent needs to stay home with child(ren).

If telecommuting is not an option, the employee can stay home for up to 12 weeks.

Apply Emergency Paid Sick Leave to pay 2/3 of the employee’s regular pay for the first two weeks (up to $200 per day/$2,000 total)

For up to the remaining 10 weeks, apply Emergency FMLA Expansion to pay 2/3 of the employee’s regular pay (up to $200 per day/$10,000 total)

Only if child is under order of mandatory or precautionary quarantine or isolation:

Provide Paid Family Leave according to the normal rules.

Part of FMLA leave was used earlier this year for other reasons, and now school is closed because of COVID-19 and parent needs to stay home with child(ren).

If telecommuting is not an option, the employee can stay home for up to 12 weeks.

As above but limited to what is left of the 12 weeks of FMLA leave.

As above. If PFL leave was also used earlier in the year, limited to what is left of the 10 weeks of PFL leave.

Employee has cancer and is about to go on 3 months leave due to chemotherapy.

Normal FMLA and Disability leave rules apply.

Provide unpaid leave under traditional FMLA rules and protect the job for when the employee returns

Provide Disability leave according to normal rules.

The employee’s elderly mother is quarantined because of COVID-19, and the employee needs to help her.

Claim up to two weeks of paid sick leave for time out of work OR telecommute.

Pay 2/3 of the employee’s regular pay (up to $200 per day/$2,000 total)

Provide Paid Family Leave according to the normal rules for Family Care.

The employee’s elderly neighbor is quarantined because of COVID-19, and the employee needs to help her.

Claim up to two weeks of paid sick leave for time out of work OR telecommute.

Pay 2/3 of the employee’s regular pay (up to $200 per day/$2,000 total) because the Emergency Paid Sick Leave Act as applied to the condition of others does not require a family relationship.

Nothing.

The employee must be quarantined because of COVID-19 symptoms.

Claim up to two weeks of paid sick leave for time out of work OR telecommute.

Pay the full amount of the employee’s regular pay for the entire Period (up to $511 per day/$5110 total)

If telecommuting is not possible:

Small business:
Employees have job protection and can access benefits through PFL and BBL with no waiting period.

Medium business:
Same as small business + employer must provide 5 days of paid sick leave first

Large business: 
Same as small business + employer must provide 14 days of paid sick leave first

Public employers of any size:
Employer must provide 14 days of paid sick leave

The employee may have come in contact with COVID-19 and is told by the doctor to self-quarantine.

Claim up to two weeks of paid sick leave for time out of work OR telecommute.

As long as the employee can telework, no paid sick leave must be provided, and instead regular wage will be paid.

If the employee cannot work or telework, provide paid sick leave and pay regular pay for the entire period (up to $511 per day/$5,110 total).

Nothing. State provisions require a quarantine order issued by the State of NY, the Department of Health, a local board of health or any government entity duly authorized to issue such an order.