Care of Family Member with COVID-19 Diagnosis Temporarily Covered by NY Paid Family Leave

As employers are aware, eligible employees may take New York Paid Family Leave to bond with a newly born, adopted, or foster child; care for a family member with a serious health condition; or for certain reasons associated with a family member’s deployment abroad on active military service. On March 27, 2020, the Chair of the NYS Workers’ Compensation Board adopted, on an emergency basis, an amendment to clarify that eligible employees may take New York Paid Family Leave to care for a family member diagnosed with the COVID-19 virus. Specifically, the Paid Family Leave Regulations now define “serious health condition” to include “a COVID-19 diagnosis by a health care provider.”

As a result, eligible employees may apply for New York Paid Family Leave if they are unable to work because they are caring for a family member with a COVID-19 diagnosis. The emergency amendment is effective until June 25, 2020.

If you have any questions, please contact Amanda Baker at abaker@fglawllc.com, Kristina T. Grimshaw at kgrimshaw@fglawllc.com, or Tonianne Florentino at tflorentino@fglawllc.com.

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