New York COVID-19 Emergency Paid Sick Leave Bill

New York Governor Andrew Cuomo just announced a proposed bill that provides job-protected leave benefits for employees affected by COVID-19. Pursuant to this bill, all employees who are subject to a government-issued order of quarantine/isolation due to COVID-19 will be entitled to sick leave and pay as follows:

  • Private employers with 10 or fewer employees (as of Jan 1, 2020) and a net annual income of less than $1,000,000 in the last tax year must provide employees with unpaid sick leave until the termination of the quarantine/isolation order as well as short-term disability insurance (STDI) and paid family leave (PFL) benefits.
  • Private employers with 10 or fewer employees (as of Jan. 1, 2020) and a net annual income of more than $1,000,000 in the last tax year must give employees 5 days of paid sick leave, followed by unpaid sick leave until the termination of the quarantine/isolation order in addition to STDI and PFL benefits.
  • Private employers with 11 to 99 employees (as of Jan. 1, 2020) must also provide employees with 5 days of paid sick leave, followed by unpaid sick leave for the duration of the quarantine/isolation order in addition to STDI and PFL benefits.
  • Private employers with 100 or more employees must give employees 14 days of paid sick leave during any quarantine/isolation order.
  • All public employers (regardless of size) must also provide employees with 14 days of paid sick leave during the quarantine order.

However, employees are not eligible to take the above sick leave if they are deemed asymptomatic or have not yet been diagnosed with a medical condition and are physically able to work remotely or through other means while under a mandatory quarantine/isolation.

Lastly, all employees are entitled to return to their positions following leave and are protected against any retaliation for taking the leave.

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