On the heels of the federal Families First Coronavirus Response Act signed into law yesterday, New York State has enacted broad legislation extending paid sick leave benefits to employees. The extent of paid sick leave is determined by employer size and revenue, and can be utilized by employees whether they are sick, or absent from work because of a “mandatory or precautionary order of quarantine or isolation” issued by “the state of New York, the department of health, local board of health, or any government entity duly authorized to issue such order due to COVID-19.” All of New York City is currently subject to such an order.
Under the legislation:
- Employees of small employers (1-10 employees) with annual revenue under $1 million receive unpaid sick days and job protection, and qualify for state-funded paid family leave and disability benefits.
- Employees of medium sized employers (11-99 employees) and small employers with annual revenue over $1 million receive 5 paid sick days and job protection, and qualify for state-funded paid family leave and disability benefits upon expiration of paid sick leave.
- Employees of large employers (100+ employees) and public employees receive paid sick days for the entirety of the quarantine – up to fourteen days, and full job protection.
The law does not apply to employees who are able to work remotely, and are in good health.
If a business closes because of COVID-19, employees may immediately file for unemployment insurance.
As you are undoubtedly aware, the practical and legal implications of COVID-19 are changing on a constant basis.
