On March 18, 2020, New York State enacted legislation authorizing sick leave for employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19. The law provides paid and unpaid sick leave with access to expanded Paid Family Leave and temporary disability depending on the size of the employer as follows:
- Small businesses with 10 or fewer employees as of January 1, 2020, and that had a net annual income less than $1 million last year, employees can access paid leave benefits through the employer’s Paid Family Leave and disability benefits policy, for the duration of the order of quarantine or isolation.
- Medium businesses with 11-99 employees as of January 1, 2020, and smaller employers (1-10 employees) that had a net annual income greater than $1 million last year must provide employees with at least five days of job protected paid leave for the duration of the order of quarantine or isolation.
- Large businesses with 100 or moreemployees as of January 1, 2020, must provide employees with at least 14 days of job protected paid sick leave for the duration of the order of quarantine or isolation.
- Public employers (regardless of the number of employees) must provide employees with at least 14 days of job protected paid sick leave for the duration of the order of quarantine or isolation.
On January 20, 2021, the state issued updated guidance which supplements prior guidance on the application of COVID-19 Sick Leave. The updated guidance has new implications for all New York employers.
