CHANGES TO NEW YORK STATE COVID-19 LEAVE

 

The New York State Department of Labor recently announced changes to New York State’s COVID-19 Paid Sick leave Laws. The guidance limits the number of times an employee is eligible to receive paid leave to quarantine or isolate as a result of COVID-19 infection or exposure to three instances of leave. The first instance of leave can be used either to 1) quarantine in the event of suspected exposure and close contact with COVID-19, or 2) isolate following a positive test for COVID-19. The second and third instances of leave may only be used in the event the employee actually tests positive for COVID-19. Employees may be required to show proof of a positive test result in order to qualify for leave, however if the positive test was administered by the employer, then presenting proof is not required.

 

REQUIRED COVID-19 SICK LEAVE AMOUNTS

 

As a reminder, the amount of leave required to provide to employees depends on the total number of employees the business has/had as of January 1, 2020, and depending on the size, the business’s annual net income. The amounts of leave required to be provided are as follows:

 

1-10 Employees AND Net Income of Less Than $1 Million Per Year:

  • Job protection for the duration of the order of quarantine/isolation
  • Unpaid leave for the duration of the order of quarantine/isolation
  • Employees can access benefits through your Paid Family Leave and disability benefits policies for the duration of their leave.

 

1-10 Employees AND Net Income of More Than $1 Million Per Year:

  • Job protection for the duration of the order of quarantine/isolation
  • At least 5 days of paid leave
  • Employees can access benefits through your Paid Family Leave and disability benefits policies for the remainder of their leave

 

11-99 Employees Regardless of Net Income

  • Job protection for the duration of the order of quarantine/isolation
  • At least 5 days of paid leave
  • Employees can access benefits through your Paid Family Leave and disability benefits policies for the remainder of their leave

 

100 or More Employees of Regardless of Net Income

  • Job protection for the duration of the order of quarantine/isolation
  • At least 14 days paid leave

 

If you are an employer or business owner that has questions regarding this policy, or any other COVID-19-related laws or policies, Sinayskaya Yuniver, P.C. is here to help. Our attorneys have years of experience helping businesses navigate ever-changing and often complex public health-related compliance matters, and we can assist you with this as well.