NYS LABOR DEPT. REQUIRES QUARANTINED COVID 19 WORKERS TO BE PAID

In a press release from the New York State Department of Labor, employers and employees are reminded that if a worker or their minor dependent child is quarantined with Covid19, employers may be responsible to pay the worker sick leave, depending on the number of employees the employer has working for him/her and the employer’s net annual income (usually as found on previous year’s income tax return).

In order to collect sick pay, the employee must have 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.  For people who are sent home by an employer on a precautionary quarantine, the employee is entitled to job protection, COVID-19 sick leave and/or paid benefits through the employers’ Paid Family Leave, and disability benefits insurance provider for the duration of their quarantine, provided they follow the process, and file within 30 days of the first day of their leave. It is the employers’ responsibility to let employees know of these benefits.

Public employers of any kind, as well as employers who have 100 employees must give employees at least 14 paid sick days.  If the employer has 1-10 employees as of Jan 1, 2020, and a net income of one million dollars or less, the employer is not expected to provide additional sick days, but employees can use disability or paid family leave provided by the employers’ insurance. If the net income of the business is over $1 million dollars, the employer must pay 5 sick days, as must employers who hire over ten employees.

If your employer does not pay you sick leave for a quarantine situation (not self-isolation), you may file a complaint with the Department of Labor.  A slide show and additional information can be found on the Department of Labor Site at https://paidfamilyleave.ny.gov/COVID19

Additional information for employers may be found at https://paidfamilyleave.ny.gov/covid-19-paid-leave-guidance-employers

Employees who are able to work remotely from home are exempt from receiving benefits.