Expanded Employer Obligations under New York’s COVID-19 Sick Leave Law
On January 20, 2021, the New York State Department of Labor (“DOL”) issued guidance expanding employer obligations under the COVID-19 Sick Leave Law by requiring employers to provide sick leave to employees who are subject to a second and third order of quarantine or isolation due to a positive COVID-19 diagnostic test. The guidance addresses specific circumstances relating to the periods of quarantine and return to work protocols. In addition, the guidance makes a distinction between paid time off and COVID-19 Sick Leave.
Understand Your Obligations:
The COVID-19 Sick Leave Law was enacted on March 18, 2020 and requires employers to provide sick leave to employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19, with the amount of leave and whether paid or unpaid based on the size of the employer. Initially, the COVID-19 Sick Leave Law required employers to provide sick leave to employees based on one (1) mandatory or precautionary order of quarantine or isolation. On June 25, 2020, the New York State Department of Health (“DOH”) and the DOL issued joint guidance regarding use of COVID-19 sick leave for health care personnel (“HCP”) only. The recent guidance builds on the joint guidance issued on June 25, 2020 regarding the obligations to provide HCPs with COVID-19 sick leave, and expands the obligations for all employers under the COVID-19 Sick Leave Law to include all employees, not just HCPs.
Next Steps:
Employers in New York State of all sizes should become familiar with the requirements of the COVID-19 Sick Leave Law, including the updated guidance from the state, to ensure compliance with same.
Contact Us:
Hinman Straub will continue to monitor the guidance from the state regulatory agencies and provide pertinent updates as information is received. If you would like to discuss best practices for implementing and notifying employees of New York’s COVID-19 Sick Leave Law, please contact the Labor and Employment Department at Hinman Straub P.C.