NYS Updated Guidance on NY Quarantine Leave Law

On March 18, 2020, Governor Cuomo signed legislation requiring sick leave if an employee or a minor dependent child are subject to 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 authorized to issue such an order.  Click here to access the dedicated website for the NY Quarantine Leave Law.

On January 20, 2021, the New York Department of Labor issued supplemental guidance on the use of COVID-19 sick leave.  All prior guidance remains in effect.

The additional guidance is as follows:

1. An employee returning to work following a period of mandatory quarantine or isolation is not required to be tested before returning to work, except for nursing home staff.  If the employee subsequently tests positive for COVID-19, the employee must not report to work.  The employee shall be deemed subject to a mandatory order of isolation and must be provided leave, regardless of whether the employee already received sick leave for the first leave.  However, the employee must submit documentation from a medical provider or testing facility to attest the employee tested positive for COVID-19. 
2. If an employee continues to test positive for COVID-19 after completing a period of quarantine or isolation, the employee must not report to work.  The employee shall be deemed to be subject to a second mandatory order of isolation and shall be entitled to NY COVID-19 sick leave for the second period of isolation.  However, the employee must submit documentation from a medical provider or testing facility to attest the employee tested positive for COVID-19 after completing the initial period of isolation.
3. If an employer “mandates” an employee who is not otherwise subject to a mandatory or precautionary order of quarantine or isolation remain out of work due to exposure or potential exposure to COVID-19, the employer shall pay the employee at the employee’s regular rate of pay until the employer permits the employee 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 under the COVID-19 sick leave law.
4. An employee shall qualify for sick leave under the New York COVID-19 sick leave law for no more than three orders of quarantine or isolation.  The second and third orders must be based on a positive COVID-19 test in accordance with the above guidance. 

New York COVID-19 sick leave law provides an employee with job protection during COVID-19 leave. 

Please feel free to contact our Group Benefits team with any questions.