COVID Paid Leave Reminder

As COVID cases continue to increase, employers are reminded that they have obligations to pay quarantined employees, which is separate from regular NYS Paid Sick Leave.

COVID Leave is only paid if someone is issued an official order of quarantine from a government entity (local health department/NYS Department of Health/CDC). Reminder: you are required to pay both wages and benefits. Leave needed by an employee to care for a dependent would be covered by Paid Family Leave and NOT the Covid Leave provisions.

Your responsibilities regarding COVID leave are set as follows:

Employers With….
10 or fewer employees and net income of $1M or less
• Unpaid sick leave for the duration of quarantine

10 or fewer employees and net income greater than $1M
• 5 paid sick days

11-99 employees
• 5 paid sick days

100 + employees, and all public employers
• 14 paid sick days

If an employee needs more time off for quarantine beyond what is listed above, you are not obligated to pay for those additional days. They can then use any Paid Sick Leave they may have accrued or they may be eligible for Paid Family Leave or Disability Leave.
 
Per the law, employees are also eligible for COVID Leave up to three times. The second and third orders must be based on a positive COVID-19 test in accordance with the guidance document found here.

Also note that if you mandate that an employee who is not otherwise subject to a quarantine order remain out of work due to exposure or potential exposure to COVID, you must continue to pay that employee at their regular rate of pay until you permit them to return to work or the employee becomes subject to a mandatory or precautionary order of quarantine or isolation, at which time the employee shall receive sick leave as required above.
 
Please contact ECA (518-869-0961) if you have any questions.