Below is critical information for Department of Labor employees during the COVID-19 pandemic. Please be sure to check this page regularly.
Paid Family Leave
Updated: January 25, 2022 with 2022 Paid Family Leave Rate Increase
- Bond with a newly born, adopted or fostered child,
- Care for a family member with a serious health condition, or
- Assist loved ones when a spouse, domestic partner, child or parent is deployed abroad on active military service.
It also provides the following protections:
- Job protection
- Continued health insurance
- Protectionfrom discrimination or retaliation
The New York State Department of Financial Services announced the 2022 premium rate and the maximum weekly employee contribution for Paid Family Leave coverage to be 0.511% (0.00511) of employees’ weekly wage. The maximum employee premium deduction for Paid Family Leave in 2022 will be $423.71 per year. This will be effective for all 2022 paychecks beginning January 5, 2022.
For any questions regarding PFL, please contact Personnel at [email protected]
Updates to the Flexible Spending Accounts
The Governor’s Office of Employee Relations has announced two important updates to the Flexible Spending Accounts:
- Health Care Spending Account Carryover for Plan Year 2021
Employees will now be able to use up to $550 of monies remaining in their 2021 Health Care Spending Account (HCSA) towards eligible expenses incurred during the 2022 calendar year. Employees must be enrolled as of December 31, 2021 for carryover to occur. The last day to submit claims is March 31, 2023.
- Dependent Care Advantage Account Grace Period Extended
The grace period for the 2020 Dependent Care Advantage Account (DCAA) plan year has been extended. The 2020 plan year now covers expenses incurred between January 1, 2020 through December 31, 2021. Employees may seek reimbursement for children who turned 13 during the 2020 plan year. The last day to submit DCAA claims is January 31, 2022 for expenses incurred January 1, 2020 through December 31, 2021 from 2020 DCAAs.
If you have any questions, please contact [email protected] or call WageWorks/Health Equity at 1-800-358-7202.
Please be aware that the HCSA carryover is available now. Employees will see the carryover when they log in to their FSA account. The DCAA modification will be available online in the next few days; employee should not submit claims until then. WageWorks/Health Equity will notify participants of these changes directly.
COVID-19 Vaccination Verification and Testing
Updated 12/3/2021 with revised testing information document
(This is on the DOL intranet as Series L-Memo No. 15-21)
The Governor’s Office of Employee Relations has directed that beginning on October 12, 2021, all State employees in Executive-controlled agencies, who are not subject to a mandatory vaccination requirement, must be tested weekly unless they are fully vaccinated. This direction applies to DOL Employees.
You are considered fully vaccinated for COVID-19 when at least two weeks have passed after you receive either:
- the second dose in a 2-dose vaccine series (e.g., Pfizer-BioNTech or Moderna), or
- a single-dose vaccine (e.g., Johnson & Johnson [J&J]/Janssen)
By October 12, 2021, all DOL employees must be fully vaccinated for COVID-19 or they will be subject to weekly testing until fully vaccinated. Please note that to be fully vaccinated by October 12, and not subject to the testing requirement, you must have received your single dose of a single-dose COVID-19 vaccination, or the second dose of a two-dose series, by September 27, 2021.
Employee Vaccination Submission Portal
The Office of Information Technology Services has created a secure employee vaccination and test result submission portal that allows you to submit proof of COVID-19 vaccination and COVID-19 test results. It also allows agencies to review that proof against rosters of employees.
Current staff should have already submitted existing vaccination information 7 a.m. on October 12, 2021. If you have already complied, you do not need to take any further action.
The following provides information on how to submit proof of COVID-19 vaccination if you have not already done so, after becoming fully vaccinated, or shortly after being hired by DOL.
The portal is available at https://covidsubmit.ny.gov/.
Instructions on how to use the portal are attached at the end of this memo.
You should go to the portal as soon as possible. Proof of vaccination is done by either:
- scanning or uploading your Excelsior Pass/Excelsior Pass Plus QR Code, or
- uploading a picture of your CDC Vaccination Card.
Other acceptable documentation that can be uploaded includes:
- a copy of your NYIIS/CIR (New York State Immunization Information System/Citywide Immunization Registry) record, or
- a copy of your Electronical Medical Record from your provider.
For assistance with Excelsior Pass/Excelsior Pass Plus, go to http://on.ny.gov/epass-help.
You can access the portal from your work computer or from your own personal device. You can use office equipment to scan a copy of your CDC vaccination card (or other acceptable information) and sign up for Excelsior Pass from your work computer.
Other than for the use of the portal to upload vaccination information during your regular work hours, no time spent uploading the information is compensable.
Information submitted to the portal is subject to review and verification, if necessary, by DOL Human Resources, for the purpose of matching submitted records to existing agency employees, or to ensure compliance with this statewide program. Be cooperative with any outreach efforts from Human Resources staff.
Employees who become fully vaccinated or began employment after October 12, 2021 should enter information into the portal as soon they have that information.
Unvaccinated employees who want to get vaccinated should visit https://covid19vaccine.health.ny.gov to learn how to make an appointment at either a State-run vaccination site or other vaccination sites.
You are eligible for paid leave from your job to become vaccinated. Information on that paid leave is available at https://www.cs.ny.gov/attendance_leave/PolBull21-01-a.cfm.
The following provides information about the weekly testing program for those who are not fully vaccinated: dol.ny.gov/covid-testing-direction-and-protocol
Questions Regarding this Memorandum
Questions that are not addressed by a careful reading of this memorandum may be posed to DOL’s Office of Employee Relations (OER) at 518-457-6651 or [email protected].
NY State Employee COVID-19 Vaccination Proof (DOL)
- Navigate to https://covidsubmit.ny.gov/ (on any internet connected device: phone, tablet, computer)
- Click the “Submit Vaccination Proof” button
- Complete the following mandatory information:
- Your Agency (Department of Labor)
- Your Employee Type (A NYS Employee)
- Your employee number including the leading “N”
- First Name
- Last Name
- Date of Birth
- Work Email
- Group (populate with Division Name – i.e., DEWS, UI, etc.)
- Work Location (City or Town Name)
- Vaccination Proof Type (Excelsior Pass or CDC Card)
- Upload or Scan your Proof
- For Excelsior Pass – Scan or Upload
- For CDC Card/Provider Medical Record – Take Photo or Upload
- Review the information you have provided, attest that the information is accurate and true, and submit.
If you are having trouble accessing the application, please make sure your browser is supported, or try using a different device. You may use a personal computer or mobile device, if desired.
- Google Chrome
- Microsoft Edge
Features that require a camera, such as taking a photo and scanning, work best on mobile devices.
Questions and concerns should be raised through your supervisor or DOL Employee Relations at 518-457-6651 or [email protected].
Reimbursement Programs Now Available for PEF-Represented Employees
The New York State and Public Employees Federation (PEF) Professional Development Committee (PDC) are pleased to announce the availability of the following reimbursement programs for PEF-represented employees:
- College Tuition Reimbursement (CTR) Program
- Nurses’ Enhanced College Tuition Reimbursement (NECTR) Program
- Workshop and Seminar Reimbursement (WSR) Program
- Nurses’ Enhanced Workshop and Seminar Reimbursement (NEWSR) Program
- Certification and Licensure Exam Fee Reimbursement (CLEFR) Program
- Certification and License Renewal Fee Reimbursement (CLRFR) Pilot Program
These programs provide reimbursement for qualifying courses, events, exams, and certification or license renewal fees at any approved provider. Complete program guidelines are available at goer.ny.gov/public-employees-federation-afl-cio-pef. Here you will find a summary of the programs where interested employees can visit for further information, full program guidelines, and printable application forms.
2021 Annual Leave Accrual Cap Extension
The Governor’s Office of Employee Relations has authorized that all unused annual leave can now be carried through December 31, 2022. All affected employees may disregard the notification banner displayed in LATS-NY which advises employees of a loss of vacation accruals to occur at close of business December 31, 2021, for Management Confidential (M/C) employees and March 31, 2022 for CSEA, and September 30, 2022 for NYSCOPBA employees.
The BSC will extend leave carryover as appropriate for all eligible employees through December 31, 2022 in LATS-NY.
Employees should see extended time in the “Vacation20” leave bucket on their timesheets once the following has occurred:
- M/C Employees: Administrative timesheets ending on January 5th, 2022 are submitted, approved, and processed. The excess vacation accruals will be available in LATS-NY the week of January 17th, 2022, for employee timesheets submitted and approved by January 10th, 2022.
- CSEA and PEF employees: Administrative timesheets ending on April 13th, 2022 are submitted, approved, and processed. The excess vacation accruals will be available in LATS-NY the week of April 25th, 2022, for employee timesheets submitted and approved by April 18th, 2022.
- NYSCOBA employees: Administrative timesheets ending on October 12th, 2022 are submitted, approved, and processed. The excess vacation accruals will be available in LATS-NY the week of October 24th, 2022 for employee timesheets submitted and approved by October 17th, 2022.
Update Regarding COVID-19 Health Precautions
Consistent with recently released Governor’s office of Employee Relations (GOER) guidance, Department of Labor (DOL) is providing staff with an update regarding applicable COVID-19 health precautions.
Regardless of vaccination status, face coverings/masks must be worn in public indoor settings at DOL facilities:
- In counties with high (red) or substantial (orange) transmission of COVID-19 as determined by the CDC.
- In localities subject to a governmental mask order or mandate (regardless of CDC designation).
You should periodically check the current CDC status of your work location’s county at https://covid.cdc.gov/covid-data-tracker/#county-view
Based on a current review of the CDC COVID Data Tracker, persons at all DOL locations must wear a face covering/mask as of the issuance of this posting.
The face covering/mask requirement applies to employees, contractors, vendors, visitors, clients, and all other individuals who enter the indoor premises of any DOL facility, except when they are:
- Alone in an office or room
- Working at their desk or workstation
- Actively eating or drinking
Physical Reporting Status:
- Employees should continue to report to physical work locations as per their agreed upon reporting schedules/telecommuting agreements.
Continued COVID-19 Related Direction:
- Do Not report to work, enter any DOL location, or engage in field location work when ill/sick or demonstrating symptoms associated with COVID-19.
- Contact DOL Office of Employee Relations (OER) at 518-457-6651 or [email protected] for appropriate guidance, if you become aware of any of the following in relation to yourself or your staff: (1) overt COVID-19 symptoms, (2) recent close contacts as defined by CDC/DOH, and/or (3) recent positive COVID-19 test result.
- Unnecessary congregate/group gatherings are prohibited.
- See your supervisor or manager if you need a face covering/mask.
- DOL anticipates the previously announced vaccination proof or weekly testing requirement to take effect in October 2021 and will provide instructions and updates in the coming days and weeks as additional guidance is provided.
Phishing Attempts on Rise - Protect Yourself
Updated: May 28, 2021
Please be aware that the NYS Cyber Command Center has seen an increase in reported phishing attempts through various communication channels, including email, online postings, text (SMiShing) or phone (vishing).
Malicious actors, masquerading as legitimate NYS and federal government and contracted entities, use these messages to collect personal information from victims and often include logos and other materials taken from legitimate government or vendor-related websites.
Recent examples include voicemail, text messages and emails asking recipients to update their username and password for various accounts, directing recipients to click a link to access files or information related to their jobs or to current events, or to access fax transmissions purporting to be shared by NYS employees or other known partners.
Many of these messages appear at first to be legitimate from Microsoft or Agency Support, but they often include warning banners, misspellings, or other red flags that should alert users to be cautious.
What to look for:
Remember that if a message is unexpected or just does not feel right, there is a good chance it could be a phishing attempt. We encourage you to remain vigilant and adopt the following best practices to protect our network and your agency's sensitive data:
- Pay special attention to email messages that include an orange and yellow warning banner at the top. If this banner is present, it indicates that the email came from an external source even if it claims to be from someone within a state agency. Email from NYS agencies within our O365 environment will not include this banner.
- Inspect the sender’s information to confirm the message was generated from a legitimate source by ensuring that the email address in parenthesis on the "From" line is consistent with the displayed "From" address.
- Use your mouse to hover over links in email messages to confirm that the URL matches that of a legitimate site before clicking. Do NOT click on any links from an unknown sender or unexpected email, and be suspicious of unsolicited phone calls, visits, or email messages from unknown individuals claiming to be from a legitimate organization.
For more information on phishing scams, visit the NYS Office of Information Technology Services Cyber Security resources page at: https://its.ny.gov/resources – (click the "Phishing Awareness" tab). You can also visit the following website from CISA: Avoiding Social Engineering and Phishing Attacks - https://us-cert.cisa.gov/ncas/tips/ST04-014.
If you are in receipt of a phishing email/text/voicemail, simply delete it and no further action is necessary. If you have inadvertently clicked on a link or opened an email attachment that seems malicious, please contact the NYS Cyber Command Center at [email protected] or (518) 242-5045. If you have provided any personal information, such as a Social Security number or banking information, we encourage you to report the incident to your local police department. In addition, you can visit https://www.identitytheft.gov/#/Info-Lost-or-Stolen for tips on what steps you can take to protect yourself from identity theft.
Working Remotely Quick Guide
All Employee Responsibilities:
Continually monitor all forms of DOL communication
- Provide alternate contact information to supervisor (phone # and email)
- Reference instructions and videos on this site: https://its.ny.gov/working-remotely, including:
- Request and utilize an RSA token
- Fill out if not already completed https://password.ny.gov/PMUser/
- Connect to 0365 Microsoft Office online
- Connect to MS Teams
- Monitor Outlook email and MS Teams communication throughout the workday
- Whenever working remotely, forward your work desk telephone to your work cell phone or home telephone following these instructions.
- Complete LATS entries (https://time07.lats.ny.gov/default.aspx?redirect=y) and submit LATS timesheet after each pay period
- Follow the telecommuting guidelines, including submitting a work plan to your supervisor, before your workday, on at least a weekly basis
- Ensure staff are connected to 0365 Microsoft Office online
- Ensure staff are connected to MS Teams
- Provide tasks for staff to complete while working remotely
- Staff who are unavailable to work while at home due to illness (other than COVID-related illnesses), appointments, or other reasons for unavailability, must charge their accruals
Your status as an essential or non-essential employee can change daily. Please be prepared to return to your DOL workstation.
To comply with NYS Executive Order No. 202.17 and NYS Department of Health guidelines, individuals who can medically tolerate a face covering are required to cover their nose and mouth with a mask or cloth face covering in situations where they cannot maintain social distancing of at least six feet.
Situations where a mask or face covering should be used in your workplace include, but are not limited to:
- entering and exiting the building,
- in elevators,
- in populated common areas, and
- other settings where you must interact with others and cannot maintain social distancing of at least six feet.
Staff may use personally owned masks or face coverings. The Department of Labor will provide a mask for staff who do not have one.
Your appropriate adherence to this direction is critical to supporting the health and safety of yourself and others.
If you have questions regarding this direction, please contact the DOL Office of Employee Relations at [email protected] or 518-457-6651.
Overtime Related to COVID-19
Updated: May 1, 2020
The Governor’s Office of Employee Relations recently provided clarification to State Agencies regarding the calculation of overtime related to COVID-19 as follows:
There have been questions about the calculation of overtime in extra service and out of title work assignments related to COVID-19, the following information is provided to inform you about how the State is calculating this overtime.
Any extra service or out of title overtime earned in a position allocated to a salary grade other than your regular position, including work in DOL and DOH call centers or any other aspect of COVID-19 response, shall be computed in accordance with Budget Bulletin G-1024, for overtime eligible employees, and Budget Bulletin H-0501, for overtime ineligible employees in salary grades 23 through 27/M2.
Under Budget Bulletin G-1024 for overtime eligible employees, when the out-of-title or extra service is worked in an overtime eligible position which is allocated to a higher or lower salary grade than the employee’s regular overtime eligible position, the employee will be paid at an overtime rate which is based on the average regular hourly rate for the two positions or, with the employee’s advance agreement, the actual regular hourly rate of the position for which the type of work is performed plus any longevities. When computing the average regular hourly rate in a lower graded position, the calculation shall include the maximum salary of the lower graded position plus longevity increments, if applicable. When computing the average hourly rate in a higher graded position, the calculation shall include the rate of compensation the employee would otherwise be entitled if permanently promoted to the higher position.
Under Budget Bulletin H-0501, which covers emergency overtime for employees in salary grades 23-27/M2, if the extra service position is allocated to a salary grade lower than the employee’s regular position, the overtime calculation shall be based on the maximum salary of the lower grade position plus longevity increments in such lower grade position. If the extra service position is allocated to a higher salary grade than the employee’s regular position, the overtime calculation shall be based on the rate of compensation the employee would be entitled if permanently promoted to the higher position. Please note that Budget Bulletin H-0501 requires that overtime payment to employees in salary grades 23 through 27/M-2 can only be made for hours of work directly attributable to COVID-19 preparedness and response.
Filing for Retirement
The unfortunate reality of the current COVID-19 emergency is that some New York State and Local Retirement System (NYSLRS) members may become seriously, or even fatally, ill. At a time like this, it is vitally important members understand how to apply for retirement, if they need to take that step. Here is some guidance:
NYSLRS members who become seriously ill from the COVID-19 virus may wish to file for retirement in order to provide a continuing pension benefit to their beneficiary if they were to die, rather than the one-time, in-service death benefit.
Members, or their employer on their behalf, need to file the disability retirement application that is appropriate for his or her retirement plan. Select “Find Your Application” on the NYSLRS website to help you find the right application (scroll down on the web page). Additionally, the member, or the member’s spouse, should file a pension payment option election form to identify a beneficiary to receive the continuing benefit. An option election form cannot be filed by the employer.
Application and option election forms can be emailed directly to NYSLRS’ Disability Processing Unit.
Eligible members may also file for a service retirement. Please see the NYSLRS website for more detailed information.
Distribution of Paychecks
All paychecks (including both pay stubs and physical paper checks) dated 3/18/2020 and beyond will be mailed to the address on the paycheck until further notice.
Employees should verify their address on their pay check/pay stub is correct. If you need to update your address, please complete this form: https://bsc.ogs.ny.gov/system/files/documents/2021/02/personal_data_change_form.pdf and email it to [email protected].
The Office of the State Comptroller (OSC) encourages all employees paid through the New York State Payroll System to enroll in direct deposit. Enrolling in direct deposit will help ensure employees are able to safely access their payroll funds. An informational pamphlet is available on the OSC internet page at: https://www.osc.state.ny.us/payroll/files/dir_dep_broch.pdf.
To enroll in direct deposit, employees must complete the Direct Deposit Form for NYS Employees (AC-2772) and submit it to [email protected]. Note that it typically takes two pay periods for a direct deposit request to process and begin receiving direct deposit into the bank account identified.
Link to AC-2772: https://www.osc.state.ny.us/payroll/files/ac2772.pdf.