Re-Opening Guidance - Handling Leave and Accommodation Requests & Travel to and from High-Risk Restricted States

Handling Leave and Accommodation Requests:

As school districts are finalizing and publishing their re-opening plans, a lot of employees are facing the realization that many of them will be required to return to the classroom and school building environment. Given the unresolved nature of the pandemic, this may cause districts to begin receiving various formal and informal requests for leaves or accommodations for the upcoming school year. In addition, Summer and Fall travel plans add complications to employees being able to return to school buildings if employees travel to high-risk restricted states where a quarantine may be required upon return to New York.

All requests for leave or an accommodation should be analyzed under both Federal and State Law, including, but not limited to, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Families First Coronavirus Response Act (FFCRA), and the New York State Human Rights Law. In addition, collective bargaining agreements that school districts have with their various unions may impact leave and accommodation requests.

Travel to and from High-Risk Restricted States:

Effective June 25, 2020, in response to increased rates of COVID-19 transmission in certain states, New York has joined with New Jersey and Connecticut in issuing a travel advisory for anyone returning from travel to states that have a significant degree of community-wide spread of COVID-19.

Ineligible for Paid Sick Leave:

New York employees will forgo their paid sick leave benefits from New York's COVID-19 paid sick leave law if they engage in non-essential travel to high risk states.

REMINDER: High risk states are any state that has a positive test rate higher than 10 per 100,000 residents, or higher than a 10 percent test positivity rate over a seven-day rolling average.

Click here for more information on the COVID -19 Travel Advisory and list of the current Restricted States.

At Honeywell Law Firm, PLLC our attorneys are continually guiding our school district clients through the twists and turns of the coronavirus pandemic; with any questions or issues that arise to ensure that our clients maintain compliance with the law and the changing guidelines throughout the entire process.

For more information or if you have questions relating Accommodation Requests & Travel to and from High-Risk Restricted States, please contact our office at (518) 512-4580 or info@honeywelllfirm.com, or any of other knowledgeable attorneys to assist you with the process.

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