The Western New York Council on Occupational Safety and Health (WNYCOSH) is nonprofit organization. This booklet is for informational purposes only and should not be construed as legal advice or as an official government document. This information does not supersede an official government statements. The programs outlined in this booklet are still being implemented and are subject to change. Any errors are unintentional, WNYCOSH consulted the related governmental agencies whenever possible for clarification. Please contact us at the WNYCOSH Worker Center Hotline at (716) 206-3550 with any questions, corrections, or inquiries. WNYCOSH does not guarantee the accuracy of any translations in this document. We are working with trusted community partners, but have no way to currently verify the accuracy of these translations on such short notice.
Since the Coronavirus (COVID-19) crisis hit, many businesses have closed making it harder for people to provide for themselves and their families. New York State (NYS) has taken dramatic steps to limit community spread and encourage social distancing to stop the spread of the virus by ordering all non-essential businesses to close. The state and federal governments have created and expanded programs to limit the financial impact of these closures and provide financial relief. Below, please see some of the programs available to those impacted by the COVID-19 pandemic.
Please be wary of scams. Participation does not require payments, down payments, or any other form of financial exchange. If anyone asks for money to access the services they are most likely trying to take advantage of you.
Many of these services online are available only in a limited number of languages. The following immigrant services organizations benefit support to ANYONE authorized to work in the United States:
Journey’s End Refugee Services
Contact name: Hassan Alishaqi
Number: (716) 882-4963 Ext. 218
Email: halishaqi@jersbuffalo.org
International Institute of Buffalo
Contact name: Xzavier Medina
Number: (718) 614-5806
Jewish Family Services of Buffalo
Contact name: Darwin Newkirk
Number: (716) 390-4044
Catholic Charities of Buffalo
Immigration and Refugee Assistance Employment Department
Number: (716) 842-0270
Email: ecs@ccwny.org
For more information for workers during the COVID-19 pandemic, and information in 50+ languages, click here to visit WNYCOSH’s coronavirus information page.
NYS Paid sick leave is a new law designed to guarantee workers job protection and provide income while they are on a mandatory or precautionary quarantine due to the Coronavirus (COVID-19).
Small Employers: Businesses with less than 10 workers and less than a $1,000,000 in net income.
These workers are not eligible for NYS Paid Sick Leave, BUT they can get paid through a combination of NYS Paid Family Leave and NYS Disability Benefits to match their full wages.
Medium Employers: Businesses with between 11-99 workers and net income of more than $1,000,000 in net income.
These workers are entitled to 5 days of paid sick leave. After that you can use a combination of NYS Paid Family Leave and NYS Disability Benefits to match your full wages for up to 14 days.
Large Employers: Businesses with at least 100 workers and all public employees.
Your employer must provide at least 14 days of paid sick leave for COVID-19 related illnesses. It will be paid be directly through your employer.
An order of mandatory or precautionary 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. This quarantine has to be documented by the Erie County Department of Health or other relevant government entity.
PLEASE NOTE: The Erie County Department of Health (DOH) is only issuing orders of quarantine for a positive COVID-19 test. If you can not immediately obtain a Mandatory Order of Quarantine from DOH you can submit documentation from a licensed medical provider that has treated you to attest that you qualify for the order (essentially a doctor’s note). You must process the claim through your health insurance and follow up with your local DOH within 30 days. What qualifies for quarantine is a positive COVID-19 test, contact with a known COVID-19 case, or if you have returned from a country designated as level 2, 3, or 4 advisory for COVID-19. According to Erie County DOH COVID-19 hotline this criteria may change on 4/2/20 to match the less restrictive federal guidelines for paid sick and family leave. Check with the CDC to see which countries have level 2, 3, and 4 advisories here.
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. If it’s a business with more than 100 workers, you will not have to apply for paid sick leave, it will be paid through your payroll check as normal.
If you are entitled to Paid Sick Days for medium and large employers, those sick days will be paid directly through your employer and there is no need apply for this benefit.
If you work for a small or medium sized business, you can apply for NYS Paid Family Leave and NYS Disability Benefits by completing this form when your are quarantined or after you use your five days of NYS Paid Sick Leave here.
If you need language assistance in completing the form, call 1 (844) 337-6303 press option 1, then press option 5. When the operator answers, ask for an interpreter by saying “interpreter” and the English name of your language. Please note that there are long hold times to speak to an operator and there are many announcements in English while holding.
While completing the forms linked above leave questions 11 and 12 blank on Form PFL-1 They are covered in the later SCOVID19 section of the same pdf file. Make copies of your PFL-1 form in case your employer does not return it to you. Send the completed form to your employer. They are required to return the form to you within 3 business days after they receive it.
Finally, submit your form to your employer’s workers’ compensation carrier. You can contact them and see if they can accept applications electronically, otherwise they will have to be mailed. If you need to find your employer’s workers’ compensation insurance carrier click on the link here (you will need to click through several pages).
If you cannot find your employer’s insurance carrier, call the Paid Family Leave Helpline for assistance at (844) 337-6303 press option 1, then press option 5. When the operator answers ask for an interpreter by saying “interpreter” and the English name of your language. Please note that there are long hold times to speak to an operator and there are many announcements in English while holding. 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
After the initial payment, any additional payments are made biweekly. Your insurance carrier may provide options for how you will be paid, for example, via direct deposit, debit card or paper check.
PLEASE NOTE: Paid Family Leave benefits are taxable. Taxes will NOT automatically be withheld from benefits, but workers can request voluntary tax withholding. You will be responsible to pay the taxes on benefits received when you file your taxes.
The FFCRA takes effect April 1, 2020. The FFCRA is not retroactive for paid sick time. The federal legislation also offers temporary COVID-19 related paid sick leave for up to 80 hours at your regular rate of pay to a maximum of $511/day or $5,110/2 weeks. This applies to workplaces between 50-500 workers. Employers with less than 50 workers may qualify for exemption from offering this benefit. Workers must be employed for at least 30 days to qualify for this benefit.
In order to qualify for federal paid sick leave you must meet one of the following:
Federal Paid Sick Leave will be paid directly through the employer. For employers with between 50-99 workers the federal legislation means that you can get your full two weeks through your employer. For all qualifying workers the federal legislation is currently easier to qualify for. A note from your healthcare provider is sufficient documentation to qualify for the claim.
There is likely to be a lot of confusion about which law the employer is responsible to follow. The answer depends on net income or the number of workers. For workplaces with between 50-500 employees the federal legislation offers a similar benefit, but it is currently easier to qualify for. You may need to present the federal and state guidance to your employer so they know which program(s) they are responsible to follow.
The New York State Paid Family Leave law has been adapted for COVID-19 allowing you to stay home if your minor dependent child (a child under 18 years old you are responsible for) is under a mandatory or precautionary order of quarantine or isolation issued by New York State, the NYS Department of Health, County Department of Health or authorized local government.
If your child is under a mandatory or precautionary order of quarantine, or isolation, or if your child’s school has been closed due to quarantine or isolation due to a suspected outbreak of COVID-19, you qualify. If your child’s school is closed for preventative social distancing you are not eligible for NYS Paid Family Leave. You can however qualify for Federal Extended Paid Family Leave under the FFCRA (See Below). NYS Paid family leave is capped at 60% of your weekly wage (last 8 weeks of employment) for a maximum benefit of $840.70/week for the duration of the quarantine.
PLEASE NOTE: the Erie County Department of Health (DOH) is only issuing orders of quarantine for positive COVID-19 tests. If you can not immediately obtain a Mandatory Order of Quarantine from DOH, you can submit documentation from a licensed medical provider that has treated you to attest that you qualify for the order (essentially a doctor’s note). You must process through your insurance and follow up with your local DOH within 30 days. What qualifies for quarantine is a positive COVID-19 test, contact with a known COVID-19 case, or if you have returned from a country designated as level 2, 3, or 4 advisory for COVID-19. According to Erie County DOH COVID-19 hotline, this criteria may change on 4/2/20 to match the less restrictive federal guidelines for paid sick and family leave.
If you have a family member who has a “serious health condition” you may be eligible for paid family leave to be able to care for a family member for up to 10 weeks. NYS Paid family leave is capped at 60% of your weekly wage (last 8 weeks of employment) for a maximum benefit of $840.70/week.
How to Qualify
If your family member has a serious health condition certified by a licensed health care provider you can qualify for NYS Paid Family Leave by following the instructions below.
Download and complete this packet of forms from the internet.
If you need language assistance in completing the form call (844) 337-6303 press option 1, then press option 5. When the operator answers, ask for an interpreter by saying “interpreter” and the English name of your language. Please note that there are long hold times to speak to an operator and there are many announcements in English while holding.
While completing the forms linked above leave questions 11 and 12 blank on Form PFL-1. They are covered in the later SCOVID19 section of the same pdf file. Make copies in case you employer does not return the forms to you in a timely manner. Send the completed form to your employer. They are required to return the form to you within 3 business days after they receive it.
Finally, submit your form to your employer’s workers’ compensation carrier. You can contact them and see if they can accept applications electronically, otherwise they will have to be mailed. If you need to find your employer’s workers’ compensation insurance carrier click on the link here (you will need to click through several pages).
Download and complete this packet of forms from the internet. The packet includes:
Complete Form PFL-1
Form PFL-1 has sections that need to be completed by you and by your employer. Fill out your section, make a copy of the document and give, mail or email this form to your employer. Your employer is required to return Form PFL-1 to you within three business days. If your employer fails to return the form to you, submit the copy of the Form PFL-1 along with the rest of your request package, to your employer’s insurance carrier.
Complete Form PFL-3
Your family member (the care recipient) completes Form PFL-3 and submits the form to their health care provider to keep on file. This form authorizes a health care provider to release information regarding your family member’s serious health condition to your employer’s insurance carrier. DO NOT SEND THIS FORM TO THE INSURANCE CARRIER.
Complete Form PFL-4
Form PFL-4 has sections that need to be completed by you and by your family member’s health care provider. Fill out your section, make a copy and give the form to the health care provider. Ask the provider to complete their portion of the form and return it to you in a timely manner.
Submit to your Employer’s Insurance Carrier
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. If you cannot get documentation to support a leave request within this timeframe, the insurance carrier can deny the request. Mail or fax your Form PFL-1, Form PFL-4, and all supporting documentation to your employer’s insurance carrier. To find out who your employer’s insurance carrier is you can search your employer’s name to look up their insurance carrier using the link below. If you need to find your employer’s workers’ compensation insurance carrier click on the link here (you’ll need to click through several pages).
If you cannot find your employer’s insurance carrier, call the Paid Family Leave Helpline for assistance at 1 (844) 337-6303, press option 1, then press option 5. When the operator answers ask for an interpreter by saying “interpreter” and the English name of your language. Please note there are long hold times to speak to an operator and there are many announcements in English while holding. 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
The FFCRA takes effect April 1, 2020. The FFCRA is not retroactive for paid medical leave. The FFCRA offers up 10 weeks of paid expanded family and medical leave at 2/3 of the worker’s gross regular rate of pay. If the worker has been employed for at least 30 calendar days and is unable to work due to a bonafide need to care for a child whose school or child care provider is closed for 10 reasons related to COVID-19 they qualify for this benefit. This applies to workers employed by businesses with more than 50 workers and fewer than 500 workers.
In order to qualify for federal paid sick leave you must meet one of the following:
For workers caring for an individual quarantined, or advised by a health care provider to self quarantine, a full-time worker is eligible for 80 hours of leave, and a part-time worker is eligible for the number of hours of leave that the worker works on average over a two-week period.
For workers caring for children whose school or daycare is closed for reasons related to COVID-19, a full-time worker is eligible for up to 12 weeks of leave for full-time workers (two weeks of paid sick leave followed by up to 10 weeks of paid expanded family & medical leave), and a part-time worker is eligible for leave for the number of hours that the worker is normally scheduled to work over that period.
Federal Paid Family Leave will be paid directly through the employer. For all qualifying workers, the federal legislation is currently easier to qualify for. A note from family member’s healthcare provider is sufficient documentation for the claim, or if your child’s school is closed either for a mandatory or precautionary quarantine that also qualifies.
PLEASE NOTE: There is likely to be a lot of confusion about which law the employer is responsible to follow. The answer depends on net income or the number of workers. For workplaces with between 50-500 employees, the federal legislation offers a similar benefit, but it is currently easier to qualify for. You may need to present the federal and state guidance to your employer so they know which program(s) they are responsible to follow.
Most single adults will get a one time payment of up to $1200 and an additional $500 for dependent children under 17 years old. Married couples without children will receive up to $2400.
To Qualify:
Those with incomes above these levels may receive Stimulus Checks but at a reduced rate. Please note that if your 2018 or 2019 income is too high, but you anticipate changes to your income in 2020 you are still ineligible.
You do not have to apply to receive a payment. If you filed a 2018 or 2019 tax return and you mailing address and banking information has not changed, you should expect to receive payment by April 24. Everyone who qualifies for a payment will receive a separate notification that the Stimulus Check has been sent out that would include any payment information.
If you have not filed a tax return since 2018 it could impact your eligibility or how quickly you receive a check. One suggestion is to file a 2019 tax return even if it’s not required.
If you receive Social Security retirement and disability payments, if you are a veteran, or unemployed you also qualify for a stimulus payment.
These stimulus checks are not taxable.
There are two protected options for workers to refuse dangerous work: Protected Concerted Activity and the OSHA right to refuse dangerous work. Workers have used the concerted activity protections successfully to improve COVID-19 working conditions including refusing dangerous work where necessary. The OSHA right to refuse unsafe work is generally viewed as more restrictive.
Concerted activity is when two or more coworkers talk about and/or advocate for changes in their workplace. Concerted activity can include reporting unsafe working conditions or violations of law to the state or federal government. Even one employee acting alone can participate in a concerted activity if it is done for the benefit of all of their co-workers. Concerted activity can include many different things, including refusing unsafe work.
For more information on concerted activity visit the WNYCOSH Concerted Activity page. Whenever possible contact WNYCOSH or a labor attorney prior to engaging in concerted activity to ensure your actions meet the standard.
You are allowed to refuse work if the assigned tasks could expose you to serious injury or death because of a hazardous condition at the workplace. In order to be protected under this standard workers must meet ALL of the following conditions:
If the worker, with no reasonable alternative, refuses in good faith to expose themselves to the dangerous conditions, they would be protected against discrimination.
PLEASE NOTE: This can be a difficult standard to enforce and employees have been fired when exercising this right. If you feel your life is at imminent risk make sure you follow the 4 steps above. If there is an opportunity to call, you can contact us at the WNYCOSH Worker Center Hotline at (716) 206-3550. The message are monitored closely during business hours and you will receive a return call within one hour for urgent requests.
*OSHA 29 CFR §1977.12(b)(2) Exercise of any right afforded by the Act.
Families First Coronavirus Response Act: Employee Paid Leave Rights (FFCRA Act)
Coronavirus Aid Relief, and Economic Security Act (CARES Act)
NYS Department of Labor Unemployment Insurance
NYS Paid Sick Leave for Quarantined Child
NYS Paid Sick Leave How to Obtain and Order of Quarantine
CDC COVID-19 Travel Recommendations by Country
NYS Paid Family Leave COVID-19 FAQ
Other resources:
This guide was completed with the support of Senator Timothy M. Kennedy
Thank you to:
The United Steelworkers (Spanish translation)
Buffalo Bangla Newspaper (Bengali translation)
Hein Saw (Burmese translation)