On March 18, 2020, Governor Cuomo signed a bill requiring sick leave for employees in New York State.  This will summarize the main provisions of this new law.  This law is somewhat complex, and you should seek legal advice about how it will apply to your business.

This law takes effect immediately and applies to employees who are quarantined because of COVID-19.  A second part of the proposed bill which would have provided some form of sick leave for every employee in New York State was not included in the final bill.  It is expected that this will be addressed later this year.     

This new law requires the following for employees who are subject to mandatory or precautionary orders of quarantine or isolation issued by a governmental entity because of COVID-19.  The law doesn’t apply to employees who are asymptomatic or haven’t been diagnosed with a medical condition, and who are able to work during quarantine by working remotely or otherwise.

  • Employers with 10 or fewer employees and a net income less than $1 million will provide unpaid sick leave for the duration of the quarantine.  Employees are also eligible for Paid Family Leave and disability benefits.
  • Employers with 11-99 employees, and employers with 10 or fewer employees and a net income greater than $1 million, will provide at least 5 days of paid sick leave, and unpaid sick leave for the duration of the quarantine.   Employees are also eligible for Paid Family Leave and disability benefits.
  • Employers with 100 or more employees, as well as all public employers (regardless of number of employees), will provide at least 14 days of paid sick leave.   Leave for public employees will not be charged against accrued sick time.  There is no reference to Paid Family Leave or disability benefits for this category.

The new law expands coverage under the Paid Family Leave Law to include leave because of COVID-19 quarantine, or to care for a child who is quarantined.    The new law also expands eligibility for disability benefits to include an absence from work because of COVID-19 quarantine.

Colligan Law is pleased to assist you with all of your legal needs.

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