By Joan Sinclair Petzen
With the new year, some of the early Federal requirements of employers with respect to COVID-19 have changed and some new guidance has been issued by NYS. Essential agricultural workers are presently in a holding pattern waiting for vaccine to become available for them in NYS.
Federal COVID-19 Rule Changes for Employers
FFCRA – Families First Coronavirus Response Act (3/18/2020) and CAA – Consolidated Appropriations Act (12/27/2020) are Federal Laws pertaining to COVID-19 relief that have implications for employers.
The links below take you to the specific guidance explaining provisions of FFCRA that expired on December 31, 2020 and modifications initiated with the adoption of CAA on December 27th. These changes relate to COVID-19 Sick Leave. The leave is no longer federally mandated. However, employers with less than 500 employees who choose to provide leave to their employees through the end of March 2021, can still receive a tax credit for the wages paid for COVID-19 Sick Leave.
The Quick Benefits Tips illustrates the mandatory leave that was available to employees prior to December 31. After January 1, 2021, employers who voluntarily grant similar leave through the end of March will be entitled to the same tax credit for wages as outlined in the COVID-19-Related Tax Credits Frequently asked Questions site below.
Quick Benefits Tips from the US DOL on FFCRA Leave: https://www.dol.gov/sites/dolgov/files/WHD/Pandemic/Quick%20Tip%20Poster%20FFCRA.pdf
U.S. Department of Labor Publishes Guidance on Expiration of Paid Sick Leave and Expanded Family and Medical Leave for Coronavirus: https://www.dol.gov/newsroom/releases/whd/whd20201231-1
COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs: https://www.irs.gov/newsroom/covid-19-related-tax-credits-for-required-paid-leave-provided-by-small-and-midsize-businesses-faqs
NY COVID-19 Sick and Family Leave Rules
New York State adopted regulations requiring employers with more than 10 employees and/or more than $1 million in revenue in 2019 to provide job protected paid leave to employees, when either themselves or their minor children are required to isolate or quarantine for COVID-19, or who must care for a family member who is certified to have a serious health condition associated with COVID-19. Employers with 10 or fewer employees and revenue less than $1 million in 2019 are required to provide job protected time off and employees can apply for either paid family leave or disability to reimburse wages not received during the time away for COVID-19. Details are outlined on the NYS New Paid Leave for COVID-19 site. On January 21, 2021, new guidance for employers on the use of COVID-19 Sick Leave was issued by the NYS Department of Labor, that guidance is linked below. It addresses when employees test positive for COVID-19 following quarantine or isolation and provides additional relief to employees who remain positive.
NYS Paid Sick Leave for COVID-19 (3/18/2020): https://paidfamilyleave.ny.gov/covid19
NYS DOL Guidance on Use of COVID-19 Sick Leave (1/20/2021): http://bcnys.informz.net/z/cjUucD9taT04MjM4OTg3JnA9MSZ1PTgwNjA4Mzk0NCZsaT02OTYyMjQ2OQ/index.html
Vaccinations – the Line is Long
Center for Disease Control (CDC) Guidance encourages states to include essential food and agricultural workers among the 1B phase of the effort to vaccinate as many Americans as possible to reduce potential disruption of the food supply chain for consumers due to heath impact of COVID-19 on these workers. CDC, working closely with the Food and Drug Administration (FDA) and United States Department of Agriculture Food Safety Inspection Service (USDA-FSIS), have pooled data on food manufacturing and production facilities right down to the farm level in a new “21Forward” tool to help inform their agencies to prevent further supply chain disruptions like those experienced in the Spring of 2020.
State Health Departments also have access to this data to assist in their development of statewide plans for vaccine distribution. This data can inform local health departments of the number of farm owners and workers located in each county. Last week, during a webinar jointly hosted by CDC, FDA and USDA-FSIS, information about a vaccination communication toolkit for employers of essential workers was referenced. As New York State awaits the receipt of additional doses of vaccine, essential food production and agricultural workers have not, as of this writing on January 26th, been added to the list of people eligible to be vaccinated. Employers may want to explore this toolkit including sample letters, fliers, and posters available in multiple languages to share information with employees in preparation for vaccination when it becomes available to farmworkers.
CDC COVID-19 Vaccination Communication Toolkit for Essential Employers: https://www.cdc.gov/coronavirus/2019-ncov/vaccines/toolkits/essential-workers.html
New York developed an “Am I Eligible” tool to allow people to learn, in real time, if they are eligible for vaccination under the current phase of vaccine distribution in the state. Upon answering a series of questions at the Am I Eligible website, you will receive a notification that you are either eligible or not to receive COVID-19 vaccination. If eligible, you can register for vaccination either at a NYS Vaccination site or with your local county health department. Right now, once a vaccination supply is received, agencies offering vaccinations open appointment slots for the supply available. Slots fill quickly so one needs to check back frequently to learn if new appointments are available.
Employers need to do your part to ensure your workforce is safe and protected. Continue to encourage employees and family members to practice social distancing of at least six feet, wear a face covering and wash or sanitize hands regularly to prevent the spread of this deadly disease in your workplace. Once vaccine becomes available to essential food and agricultural workers, encourage your team to get vaccinated. It is also important to inform people that the vaccination will protect the person who is vaccinated from COVID-19 infection, but it is not yet known if it will prevent a vaccinated person from spreading the virus to others. So, safety protocols must be continued following vaccination to protect those who have not yet received the vaccine.
