By Craig Johnson

Hello,

I hope this email finds you well and healthy.  As an update to my email yesterday, the state legislature passed S8091/A10153 this afternoon, a copy of which is attached.  The legislation, which was signed by Governor Cuomo this evening, is limited to those employees subject to an order of quarantine or isolation due to COVID-19.  It does not go further to include a permanent paid sick leave (unrelated to COVID-19) for employees as the original Cuomo legislation had sought.  Feel free to pass along to the right folks in your world and if you have any questions, feel free to reach out.

COVID-19 provisions

Leave due to mandatory or precautionary order of quarantine or isolation issued by NYS due to COVID-19.

  • Employers with 10 or fewer employees must provide unpaid leave to an employee under quarantine until end of quarantine or isolation
  • Employers with 10 or fewer employees with $1 mil or more in net taxable income in the previous year must provide 5 days of paid sick leave to an employee under quarantine and unpaid leave until the end of quarantine or isolation
  • Employers with 11-99 employees must provide 5 days of paid sick leave to an employee under quarantine and unpaid leave until end of quarantine or isolation
  • Employers with 100 or more employees must provide 14 days of paid sick leave to an employee under quarantine
  • Public employers must provide at least 14 days of paid sick leave, with each employee compensated at their regular rate of pay, and without loss of an employee’s accrued sick leave

In instances, where the paid leave does not cover the full quarantine period an employees will be eligible for paid family leave benefits and disability benefits subject to certain limitations.

  • Upon return to work following COVID-19 leave, the employee shall be restored by his or her employer to the position of  employment held by the employee prior to any leave taken with the same pay and other terms and conditions of employment.
  • The legislation also waives the 7-day waiting period before New Yorkers can apply for unemployment insurance for loss of employment due to closure of an employer for a reason related to COVID-19.

Craig