NYS Passes Law for Emergency Paid Sick Leave in the Wake of COVID-19

By Christine Malafi

Updated guidance was issued by New York State on January 20, 2021. Learn more here.

New York State has enacted emergency paid sick leave legislation addressing how businesses should respond to employees with COVID-19 or those employees under government-ordered quarantine.

Effective immediately, with respect to employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 by New York State, the Department of Health, a local board of health, or any government entity duly authorized to impose such a quarantine, the new legislation requires that:

• Employers with 10 or fewer employees as of January 1, 2020 and a net income of less than $1 million in the last fiscal year must provide job protection during quarantine. Employees immediately qualify for Paid Family Leave and short-term disability benefits, with New York State insurance covering the cost (capped at benefits coverage equal to annual salaries of $150,000).
• Employers with 11 to 99 employees as of January 1, 2020 (or 10 or fewer employees but a net income greater than $1 million last fiscal year) must provide five days of paid sick leave and job protection during quarantine. After the five days, the employee qualifies for Paid Family Leave and short-term disability, with New York State insurance covering the cost (capped at benefits coverage equal to annual salaries of $150,000).
• Employers with 100 or more employees as of January 1, 2020 (and all public employers) must provide 14 days of paid sick leave and job protection during quarantine.

Please contact us with any questions about how this legislation impacts your business.