Dear Clients and Friends:
The Governors of New York, New Jersey and Connecticut announced that individuals coming from states with Covid infection thresholds that exceed certain standards will be required to self-quarantine for fourteen (14) days upon arrival. Individuals who do not self-quarantine will be subject to monetary fines and additional orders of quarantine.
At this time, the states subject to the order are:
-
- Alabama
- Arkansas
- Arizona
- Florida
- North Carolina
- South Carolina
- Utah
- Texas
As we are entering the summer travel season, this has raised several questions about employees who voluntarily travel to restricted states.
Federal Leave
Many employers are subject to the Families First Act (FFCRA). At this time, the Department of Labor has not issued any specific guidance relative to travel bans. Therefore, it appears that under the FFCRA, eligible employees who travel to an affected area, return to New York, New Jersey or Connecticut and must then quarantine for 14 days are entitled to the Emergency Paid Sick Leave benefits under the statute (typically 10 days of paid leave) during their quarantine to the extent they have not previously taken such leave. If they previously exhausted all ten days of paid leave, no further Emergency Paid Sick Leave is available.
For more information on the coverage of the FFCRA, the eligibility of employees (which varies by size of the business), and the tax credits available to employers, please see our prior client alerts.
New York Sick/Quarantine Leave
While New York’s Quarantine Leave Law does exclude employees who voluntarily travel to a country on the CDC’s travel ban list, it does not exclude employees who travel within the United States. Employees would potentially be available for leave under this statue as well.
Prohibiting Travel
Employers should immediately cancel all business travel to the affected states or make plans for employees who must travel on business to those states to complete required quarantines.
Employers should discourage voluntary travel to these areas, and may wish to offer incentives to employees to refrain from such travel. Employers considering prohibiting personal travel should consult with counsel as several legal issues may arise.
Remember that employees returning from affected states who can perform work remotely (telecommute), are not eligible for either FFCRA or New York sick leave.
In Unprecedented Times We Are Ready to Help
We understand there is limited to time to get your business ready to re-open, and we are ready to assist you throughout the weekend. Please do not hesitate to send us an email or give us a call.
For a printable version of this Client Alert, click here.
| Thomas A. Conlon Partner 80 Exchange Street Binghamton, NY 13901 Phone: (607) 231-6744 Email: tconlon@hhk.com |
| John Fish Partner 80 Exchange Street Binghamton, NY 13901 Phone: (607) 231-6712 Email: jfish@hhk.com |
| Dawn J. Lanouette Partner 80 Exchange Street Binghamton, NY 13901 Phone: (607) 231-6917 Email: dlanouette@hhk.com |
Copyright © 2020 by Hinman, Howard & Kattell LLP. This Client Alert is provided as a general information service to clients and friends of Hinman, Howard & Kattell, LLP. It should not be construed as, and does not constitute legal advice on any specific matter, nor does this message create an attorney-client relationship. These materials may be considered Attorney Advertising in some states.