Effective May 1, 2020 the NYS Department of Financial Services has approved amendments to the Rating Board’s New York Workers’ Compensation and Employers’ Liability and the New York Experience Rating Plan. 
  • A new classification code 8873, Telecommuter Reassigned Employees was established under Temporarily Reassigned Employees. This should be applied to the payroll of employees who, during New York’s stay-at-home-order related to the COVID-19 pandemic (and future stay-at-home orders) are reassigned to either (a) not perform any work duties (idle), or (b) perform clerical work duties at home.
    • The loss cost rate for Classification 8873 will mirror the rate for Classification 8810 (clerical office employees)
    • This will remain applicable at the start of the NY Stay at Home order and in for up to 30 days after its conclusion.
  • All COVID-19 Related Claims Excluded from Experience Rating – The Department approved Experience Rating Plan Rule I(C)(4)(a)(iv), which requires that claims with a diagnosis of COVID-19 and an accident date on or after December 1, 2019 are to be excluded from the experience rating calculations of individual employers.
    • The occurrence of COVID-19 workers’ compensation claims is unlikely to be a predictor of future claim costs incurred by an employer, and therefore their inclusion in an experience rating modification calculation would not meet the intended goal of experience rating.

During this time, PERMA would like to highlight the importance of recordkeeping. Employers should track all payroll assigned to reclassified employees throughout this time period to assist in future auditing efforts.

Additionally, PERMA recommends that our Members adopt a Crisis Work from Home (Telecommuting) Objective policy. This policy ensures clear expectations and responsibilities of working from home during this time of crisis. We are also working on a remote work outline that we intend to share with Membership toward the end of the month.

We will continue to follow the development of this newly approved amendment as information becomes available.

Questions? Please contact Member Services via memberservices@perma.org.