Provided by: Jennifer Kirschenbaum, Esq.
Ocotber 4, 2022
Question:
Hi Jennifer,
What's the story with Covid Sick leave rules? Do we still have to pay for extra days?
Thanks, Dr. G
Answer:
Yep. New York’s COVID-19 Sick Leave Law is still in effect and your responsibilities under this law depend on the number of people you employed as of 2020 and the amount your business made in the previous tax year.
If you employ 10 or fewer employees as of January 1, 2020 and your business made less than $1 million in the previous tax year, then you are required to provide your employees with job protected leave and your employees may be eligible for a combination of Paid Family Leave and disability COVID-19 quarantine leave benefits.
If you employ 10 or fewer employees as of January 1, 2020 and your business made more than $1 million in the previous tax year, then you are required to provide your employees with 5 days of paid COVID-19 sick leave. If your employee is still subject to a mandatory or precautionary order of quarantine or isolation after those days are used, your employee may be eligible for a combination of Paid Family Leave and disability COVID-19 quarantine leave benefits.
If you employ between 11-99 employees as of January 1, 2020, then you are required to provide your employees with 5 days of paid COVID-19 sick leave. If your employee is still subject to a mandatory or precautionary order of quarantine or isolation after those days are used, your employee may be eligible for a combination of Paid Family Leave and disability COVID-19 quarantine leave benefits.
If you employ 100 or more employees as of January 1, 2020, then you are required to provide your employees with 14 days of paid COVID-19 sick leave, which should cover the period of mandatory or precautionary quarantine or order of isolation. Paid leave under the law is only required for the duration of the applicable order, so employees who qualify for this leave will likely only be entitled to five days of paid leave under each order regardless of employer size (and notwithstanding the reference to 14 days in the law).
Note that if your employee runs out of sick leave, he or she can apply for combined Paid Family Leave and disability COVID-19 quarantine benefits for compensation during the rest of your quarantine. Your employee may be eligible to receive his or her weekly wages through a combination of Paid Family Leave and disability COVID-19 quarantine leave benefits, up to a maximum of $2,884.62 per week.
https://paidfamilyleave.ny.gov/COVID19
Call with any questions! Best contacts for employment matters, such as Covid leave are Jennifer and Kieran Bastible, Esq.
