If your minor dependent child is under a mandatory or precautionary order of quarantine or isolation issued by the state of New York, the Department of Health, local board of health, or any government entity duly authorized to issue such order due to COVID-19, you may be eligible to take Paid Family Leave to care for them. This benefit is not available to you if you are able to work through remote access or other means.
Who is Covered?
Most employees who work for private employers in New York State are covered under Paid Family Leave. If you are a public employee, your employer may opt in to provide the benefit. If you are a union-represented public employee, you could be covered under Paid Family Leave if your union and public employer have agreed to include it in their collective bargaining agreement.
Who is Eligible?
If you have a minor dependent child under a mandatory or precautionary order of quarantine or isolation due to COVID-19, and you are covered under Paid Family Leave, you are eligible once you have met the minimum requirements:
- Full-time employees: If you work a regular schedule of 20 or more hours per week, you are eligible after 26 consecutive weeks of employment with your employer.
- Part-time employees: If you work a regular schedule of less than 20 hours per week, you are eligible after working for your employer for 175 days, which do not need to be consecutive.
Citizenship and/or immigration status is not a factor in your eligibility.
What are Your Rights and Protections?
- You have job protection, so you are entitled to return to the same job (or a comparable one) when you return from Paid Family Leave.
- Your health insurance continues while on leave on the same terms as if you had continued working. If you contribute to the cost of your health insurance, you must continue to pay your portion of the cost while on leave.
- Your employer is prohibited from discriminating or retaliating against you for requesting or taking Paid Family Leave.
What are the Benefits?
If you are an eligible employee whose dependent child is under a mandatory or precautionary order of quarantine or isolation, you may be able to take Paid Family Leave for the duration of the quarantine/isolation. In 2020, the Paid Family Leave wage benefit is 60% of your average weekly wage (AWW), up to a maximum weekly benefit of $840.70. Your AWW is the average of your pay for the last eight weeks in which you worked and received wages prior to starting Paid Family Leave.
How to Apply
To apply for Paid Family Leave when your minor dependent child is under a mandatory or precautionary order of quarantine or isolation, follow these three steps:
- COLLECT YOUR FORMS AND DOCUMENTATION
The forms are available from your employer, employer’s insurance carrier or you may download: Request for COVID-19 Quarantine PFL - Child (Forms PFL-1 & CCOVID19)
The form package for leave due to your quarantine/isolation includes the following forms:
Request for COVID-19 Quarantine PFL - Child (Form CCOVID19)
Request for Paid Family Leave (Form PFL-1)
* Translated versions will be available soon. For immediate interpretation assistance, please call the PFL Hotline at (844) 337-6303.
A mandatory or precautionary order of quarantine or isolation issued by the state of New York, the Department of Health, local board of health, or any government entity duly authorized to issue such order due to COVID-19. View guidance on how to obtain a quarantine order.
- COMPLETE & ATTACH
FORMS CCOVID19 AND PFL-1
Form CCOVID19 and Form PFL-1 have sections that need to be completed by you and by your employer.
- Fill out your sections. Note: Leave Questions 11 and 12 blank on Form PFL-1. These questions are covered under Section 1 of Form CCOVID19 .
- Make copies and give the forms to your employer. If you are not at work due to the order of quarantine or isolation, you can send the forms to your employer by email or regular mail.
- Your employer is required to return the forms to you within three business days.
- If your employer fails to return the forms to you, submit the forms that you have filled out, along with the order of quarantine or isolation, to your employer’s insurance carrier.
- SUBMIT TO INSURANCE CARRIER WITHIN 30 DAYS
You must submit your completed request package to your employer's insurance carrier within 30 days after the start of your leave to avoid losing benefits.
Send your Form CCOVID19 and Form PFL-1 and supporting documentation to your employer’s insurance carrier. Contact the insurance carrier to find out if they will accept submissions electronically or through other means.
To find out who your employer’s insurance carrier is, you can:
- Ask your employer.
- Search your employer’s name to look up their insurance carrier.
If you cannot find your employer’s insurance carrier, call the Paid Family Leave Helpline for assistance: (844) 337-6303. The Helpline is available Monday through Friday, 8:30 a.m. to 4:30 p.m.
If you believe your employer is uninsured, you can submit your request for Paid Family Leave to the NYS Workers’ Compensation Board:
NYS Workers’ Compensation Board
Paid Family Leave
PO Box 9030,
Endicott, NY 13761-9030
In most cases, the insurance carrier must pay or deny benefits within 18 calendar days of receiving your completed request. Your request cannot be considered incomplete solely because your employer failed to fill out Section 3 of Form CCOVID19 and/or Part B of Form PFL-1 within three business days.
If you have a question regarding the status of your request, contact your employer's insurance carrier.
If you disagree with the insurance carrier's decision:
You may request arbitration for a denial or any other PFL claim-related dispute, such as timeliness of the carrier’s payment.
Arbitration for Paid Family Leave is handled by NAM (National Arbitration and Mediation).
If you are denied or partially denied for Paid Family Leave, your insurance carrier (or employer, if self-insured) must provide you with the reason for denial and information about requesting arbitration, or you can visit the arbitrator’s website at www.nyspfla.com.
If your request for Paid Family Leave is denied and you have already started your leave, you are not considered to be on Paid Family Leave, and it will be up to your employer to determine how to treat the time off.
In most cases, the insurance carrier will pay benefits or deny your claim within 18 days of receiving your completed request. Your insurance carrier may provide options for how you will be paid, for example, via direct deposit, debit card or paper check.
Note: Pursuant to the Department of Tax Notice No. N-17-12 [PDF], Paid Family Leave benefits are taxable. Taxes will not automatically be withheld from benefits, but employees can request voluntary tax withholding. Questions related to the taxability of Paid Family Leave contributions should be referred to the NYS Department of Taxation and Finance.
Paid Family Leave Helpline: (844) 337-6303