On March 18, 2020, New York State enacted legislation authorizing paid sick leave for employees who were subject to a mandatory or precautionary order of isolation or quarantine due to COVID-19. The law provided paid and unpaid sick leave with access to expanded paid family leave and temporary disability depending on the size of the employer. All employees, regardless of the size of their employer, were entitled to job protection upon return from this leave.
As another surge of COVID-19 is in our midst, PMP is reminding you that the NYS Paid COVID-19 Leave is still in effect (there is no expiration date to this law) and employees may be eligible for paid leave in the event that they are exposed to someone with COVID-19 or for testing positive.
On January 20, 2021 the NYS Department of Labor (DOL) issued guidance clarifying the benefits available to all employees (with the exception of those employees in the healthcare industry) under the NY Paid COVID-19 Sick Leave law. See this link for the guidance. The NY DOL’s guidance provides that employees can qualify for COVID-19 Sick Leave for up to three orders of quarantine or isolation. To be eligible for the sick leave benefits during the second and third quarantine or isolation order, the employee must either (1) return to work following a period of quarantine or isolation and subsequently receive a positive diagnostic test result for COVID-19, or (2) continue to test positive for COVID-19 after the end of the initial quarantine or isolation period.
Additionally, the guidance also creates leave obligations even in circumstances where an employee is not subject to an order of quarantine or isolation. If an employer requires an employee who is not otherwise subject to an order of quarantine or isolation to remain out of work due to exposure or potential exposure to COVID-19, regardless of whether the exposure was in the workplace, the employer is required to continue to pay the employee at the employee’s regular rate of pay until either the employer allows the employee to return to work, or the employee becomes subject to an order of quarantine or isolation.
More information can be found at https://paidfamilyleave.ny.gov/COVID19
NYS Paid Vaccination Leave
On March 12, 2021 NY’s former Governor Cuomo signed a law (amending the New York Labor Law) that entitled employees to up to four hours of paid leave per COVID-19 vaccine dose. The law took effect immediately and the leave entitlement is set to expire on December 31, 2022. This law includes the initial COVID-19 vaccination as well as booster doses.
Employers with questions on this should reach out to PMP for assistance.