The State of NY Assembly has put forth Bill #10153:
This Act, if passed in the NYS Assembly and enacted, would regulate the terms for employers and employees pertaining to paid and unpaid sick leave during the COVID-19 pandemic.
March 18, 2020 – This bill has been signed by Governor Andrew Cuomo and is in effect.
An Act providing requirements for sick leave and the provision of certain employee benefits when such employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19.
- Employers with 10 or fewer employees as of 1/1/2020 with net income one million dollars or less in the previous tax year must provide unpaid sick leave until termination of order of quarantine or isolation. Those employees would be eligible for paid family leave benefits under this act.
- Employers with 10 or fewer employees as of 1/1/2020 with net income greater than one million dollars in the previous tax year must provide at least 5 days paid sick leave. After that time employees are eligible for paid family leave and unpaid sick time.
- Employers with 11-99 employees as of 1/1/2020 would provide 5 days paid sick leave. After that employees would be eligible for paid family leave benefits and unpaid sick time.
- Employers with 100+ employees as of 1/1/2020 would provide at least 14 days paid sick leave.
- Public employees would receive at least 14 days paid sick leave.
- All employees upon return to work would have full restoration of position and pay.
- No threats, penalties, discrimination or retaliation are allowable.
- No paid sick leave would be allowed if an employee returned from travel to a country that CDC had posted health notices and was notified prior to travel, unless part of employees’ job duties or at direction of employer. Such employee would only be entitled to accrued leave or unpaid sick leave.
- Workers compensation and disability are payable concurrently with first full day of quarantine or isolation. Employees may not collect more than $840.70 in paid family leave and $2,043.92 in disability per week.
- The total weekly worker’s compensation benefit under this act is the difference between family leave benefit and that paid by a covered employer, up to $2,043.92
- Closure of employer under this Act – no waiting period to claim benefits
- Order of quarantine or isolation is sufficient proof to make a paid sick leave claim.
- Payment under this article is not applicable if employee is asymptomatic or not yet diagnosed and physically able to work via remote access or other means.
- Rights of employees under CBAs are not to be impacted by the Act.
- If the Federal government provides sick leave or other employee benefits then the terms of this Act are not available unless the State terms are better than those of the Federal government and then the difference can be collected.
- The Act to take effect immediately.