New York and COVID-19 Sick Leave

Written March 25, 2020

Categories: AD Advocacy, CP Advocacy, DP Advocacy, DT Advocacy, ES Advocacy, First to Know, FP Advocacy, GP Advocacy, IPDAA Advocacy, SM Advocacy

In addition to the federal emergency sick leave requirements, employers with employees in New York also are subject to the NY Paid Sick Time Plan, which requires employers with more than 10 employees or $1 million in revenue to provide COVID-19-related paid leave. Employers that do not meet these thresholds must provide unpaid leave.

Employees can take leave under New York’s law if the employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 issued by the state of New York or any governmental entity duly authorized to issue such order. Governor Cuomo has issued a “stay at home” order and closed all non-essential businesses, with exemptions for businesses in the supply chain that support essential, or critical manufacturing. For more information on this issue see our webpage.

Under the NY Paid Sick Time Plan, employee benefits vary depending on the size of the employer:

• Employers with 10 or fewer employees and less than $1 million in revenue in the previous tax year must provide their employees with unpaid sick leave until the termination of any order of quarantine or isolation.

• Employers with 10 or fewer employees and $1 million or more in revenue in the previous tax year, and all employers with 11-99 employees, must provide at least five days of paid sick leave and unpaid leave until the termination of any order of quarantine or isolation.

• Employers with 100 or more employees must provide at least 14 days of paid sick leave during any order of quarantine or isolation.

If an employer is covered by the federal and state leave laws, an employee’s use of paid leave runs concurrently under both laws. In that event, any benefit under the NY Paid Sick Time Plan will be the incremental difference between full NY Paid Sick Time Plan benefits and the benefits provided under the FFCRA.

SGIA continues to monitor this and other critical legislation related to the COVID-19 pandemic. Check back often for further updates on these issues. For more information or questions, please contact govtaffairs@sgia.org