Exploring the Families First Coronavirus Response Act and New York State Paid Sick Leave

The Families First Coronavirus Response Act known as the FFCRA, which required employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19, ended on December 31, 2020. The FFCRA had provided employees additional time off work while employers and businesses like yours received tax relief intended to offset the burden of providing employees with paid leave.

Although the FFCRA has now expired, employers like you have the option to voluntarily continue providing FFCRA benefits. If you choose not to, starting on January 1, 2021, employees will only be entitled to time off from work for COVID related reasons if:

• They are eligible for unpaid Family and Medical Leave Act (FMLA) leave
• They are entitled to time off pursuant to a state paid or unpaid sick leave or family leave law
• They have available paid time off (PTO)
• They are permitted to take leave under a discretionary employer policy

You should also assess whether employees may be entitled to a temporary, unpaid leave of absence or some other reasonable accommodation, due to COVID-related health circumstances, under the Americans with Disabilities Act as well as state or local law.

This Advisory attempts to summarize what employees who are affected by COIVD related situations can access after December 31, 2020, assuming your company does not elect to voluntarily provide FFCRA leave.