New York State Covid-19 Sick Leave Bill
March 19, 2020
Late yesterday, the NYS Assembly and Senate passed and the Governor signed legislation providing for employee leave relative to the COVID-19 Emergency (S8091/A10153).
Below is a summary of the new requirement.
*Note that this legislation has two separate parts. The first part is related to benefits available to those who have been issued a mandatory or precautionary order of quarantine or isolation by the State or government entity (local health department/NYS Department of Health/CDC).
It does NOT apply to any “reductions in workforce” or “shelter-in-place” orders or layoffs due to COVID-19 related job closures. In those situations the second part of the legislation, eligibility for unemployment insurance, would apply.
Please note that the Federal government is expected shortly to implement leave laws on the same topic and we will send out that information as it becomes available.
NYS COVID-19 Sick Leave Bill Summary:
- Leave must be provided without loss accrued sick leave (THIS LEAVE IS IN ADDITION TO EXISTING POLICIES)
- An employee’s employment must be restored upon return from leave; employer cannot retaliate against an employee for the use of leave
- Certain employees may not be eligible based on their travel history.
- Disability and Paid Family Leave benefits arising out of this act are payable concurrently on the first day of unpaid period of quarantine.
- Claims for Unemployment Insurance Benefits due to a government mandated closure of a business or a closure related to COVID-19 are not subject to a waiting period for benefits.
- This act does not apply where an employee is deemed asymptomatic or has not been diagnosed with a medical condition and is physically able to work under mandatory or precautionary orders of quarantine or isolation, whether through remote access or other means.
- This law does not affect the ability of employees to collectively bargain, and does not diminish the integrity of existing CBAs.
If the Federal Government enacts similar law or regulation, employees are only eligible to collect NYS benefits to the extent that they exceed Federal law (collect the difference).
More information can be found by visiting paidfamilyleave.ny.gov/covid19
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