The global coronavirus pandemic has had an immense impact on the economy in a very short period of time. Many workers who have not yet shown the symptoms of the disease known as COVID-19 find themselves needing to self-quarantine because of possible exposure. Those who do show symptoms must also quarantine themselves and seek medical treatment. Several new laws offer assistance to workers affected by the pandemic. The federal government passed a bill in March 2020 establishing a temporary system of paid sick leave for many workers. New York State also passed a bill in March providing paid sick leave and expanding access to the state’s Paid Family Leave program.
Overlap of State and Federal Law
The bill passed by the U.S. Congress, entitled the Families First Coronavirus Response Act, creates a temporary system for paid sick leave that expires at the end of 2020, unless Congress acts to renew or modify it. New York State’s new law does not have an expiration date.
The New York law states that if a worker is entitled to paid leave under both state and federal law, then they are only eligible for state benefits under state law to the extent that they exceed the amount of benefits available under federal law. In other words, if federal law requires an employer to pay a particular employee $100 per day, and state law requires them to pay $120 per day, state law only covers the $20 excess amount.