On March 18, 2020, Governor Cuomo signed into law paid sick leave legislation to guarantee pay for those under quarantine or isolation due to COVID-19. Here’s what you need to know with respect to paid leave and COVID-19:
Employees subject to a quarantine or isolation order by the State or a State entity are eligible for unpaid leave that is job protected and are eligible to receive benefits pursuant to New York’s Paid Family Leave Law (“PFL”).
Employees subject to a quarantine or isolation order by the State or a State entity are eligible for five days of paid sick leave that’s job protected and thereafter are eligible to receive PFL benefits.
Employees subject to a quarantine or isolation order by the State or a State entity are eligible for five days of paid sick leave that’s job protected and thereafter are eligible to receive PFL benefits.
Employees subject to a quarantine or isolation order by the State or a State entity are eligible for 14 days of paid sick leave that’s job protected.
Employees subject to a quarantine or isolation order by the State or a State entity are eligible for 14 days of paid sick leave that’s job protected. This leave doesn’t count against any sick leave that accrued prior to this legislation.
All employers should take note that any leave taken under this new law is job-protected. This means that employers must not prohibit, harass, or discourage employees from taking the leave if they’re eligible. Similarly, employers must not retaliate against an employee who takes this leave.
There are exceptions for certain employees who voluntarily traveled to areas impacted by COVID-19. Any employee who voluntarily traveled outside of the United States to a country that the Centers for Disease Control identified with a level two or three health notice prior to their travel isn’t eligible for sick leave. But the exception doesn’t apply to employees who were required to travel for work.
Notably, this legislation also provides for paid sick leave that is not specific to COVID-19 which will go into effect on September 14, 2020 and will be covered in our next post.
Our current reality has employment laws changing daily and in some cases by the hour. We expect to see additional regulations related to this leave from the Commissioner of Labor. In addition, the benefits may be impacted by the federal leave law which passed in the House and Senate and is expected to be signed by President Trump at any time.
The current employment law landscape is challenging. Our lawyers are working around the clock to keep you up to date, and we urge you to contact legal counsel before making major business decisions in response to these laws.
