Governor Cuomo Announces Paid Sick Leave, Job Protection for Quarantined Workers

Gov. Andrew Cuomo announced Tuesday that the New York State Legislature has agreed to a paid sick leave policy and job protection for New York employees quarantined by COVID-19.

For workers who are subject to mandatory or precautionary orders of quarantine or isolation, the new legislation provides that employers with 10 or fewer employees and a net income less than $1 million must provide job protection for the duration of the quarantine order. They must also guarantee their workers access to Paid Family Leave and disability benefits (short-term disability) for the period of quarantine, including wage replacement for their salaries up to $150,000.

Employers with 11 to 99 employees and employers with 10 or fewer employees and a net income greater than $1 million must provide at least five (5) days of paid sick leave, job protection for the duration of the quarantine order. As with smaller employers, these employers must also guarantee their workers access to Paid Family Leave and disability benefits (short-term disability) for the period of quarantine including wage replacement for their salaries up to $150,000.

Employers with 100 or more employees, as well as all public employers (regardless of number of employees) must provide at least fourteen (14) days of paid sick leave and guarantee job protection for the duration of the quarantine order.

There are exceptions to this new legislation. For example, under most (but not all) circumstances, employees who become quarantined as a result of having traveled to a country for which the CDC has issued a level 2 or level 3 health notice need not receive paid leave. Paid leave also need not be provided to employees who are asymptomatic, or have not yet been diagnosed with a medical condition and are physically able to work while quarantined (such as via remote access).

The provisions of the legislation are set to take effect immediately upon passage.

If you have any questions regarding this new legislation, please do not hesitate to contact Feather Law Firm, P.C.

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