Photo by Viktor Forgacs™️ on Unsplash
On March 1, 2020, New York state saw its first confirmed case of the virus that is currently tearing across our nation: COVID-19. Since then, New York has seen its number of confirmed cases double with each new day, with Wednesday, March 18, 2020 being the first day so far to see more than 1,000 new confirmed cases.
And all of the above has resulted in the closure of many businesses, but it has also seen the steadfast persistence of others, despite the growing pandemic, which has left the New Yorkers who are still expected to report to the office wondering what will happen if they get sick.
And where does this leave New Yorkers who get sick today?
Well prior to today, March 18, 2020, it left many in a position where they felt they had to decide between quarantining, for the sake of those around them and themselves, or going into work while feeling sick, for the sake of their bank account and their families
But today, this all changed.
“No one should have to make the impossible choice between losing their job or providing for their family and going to work, especially during this pandemic,” said New York’s Governor, Andrew Cuomo, after he signed new legislation into place for New York workers. “We seek to build upon this effort with guaranteed sick leave for all in this year’s budget.”
Effective upon passage today, March 18, 2020, New York Senate bill #8091 has established new sick leave guarantees that now ensure that New York workers will be able to take time off for COVID-19-related quarantines and needed time off. In addition, all quarantined individuals will be able to take advantage of all the benefits of this legislation as of today. Below is a further digestive look at the particular facets of this new legislation.
First, it is important to note the purpose of this expansion, which is to provide sick leave benefits, paid family leave, and benefits due to disability for employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19.Specifically, in regard to what duties employers now owe to employees during this crisis, the new legislation outlines the following provisions:
- Employers with 10 or fewer employees and a net income less than $1 million now must provide job protection for the duration of the quarantine order, and must guarantee their workers access to Paid Family Leave and disability benefits (short-term disability) for the period of quarantine, which shall include wage replacement for their salaries up to $150,000.
- Employers with 11 – 99 employees, and employers with 10 or fewer employees and a net income greater than $1 million per year, must provide at least 5 days of paid sick leave, job protection for the duration of the quarantine order, and guarantee their workers access to Paid Family Leave and disability benefits (short-term disability) for the period of quarantine, which shall include wage replacement for their salaries up to $150,000.
- Employers with 100 or more employees, as well as all public employers (regardless of number of employees), must provide at least 14 days of paid sick leave and guaranteed job protection for the duration of the quarantine order.
Gov. Cuomo defended the rapid passage of this bill with a few words on Wednesday, reminding reporters of what this state stands for:
“In New York, we stand with our workers in sickness and in health.”
We hope that you stay safe during these difficult times in our country. However, with resolve and perseverance- we will get through this.
Please feel free to contact our office to discuss any potential Employment Law matter in further detail.
