New York to Enact Coronavirus Employee Leave Law

In these uncertain times, New Yorkers are struggling to find reassurance wherever possible. In the context of employment, employees have been facing questions about job security, income security, and how to balance stay-at-home instructions coming from the government and employers’ attempts to keep their businesses running.

On March 18, 2020, New York Governor Andrew Cuomo announced that New York State would be enacting laws to provide for leave and paid sick leave for coronavirus related work absences. Today’s Long Island employment law blog discusses the law’s provisions.

Governor Cuomo issued a press release detailing the specifics of the new leave law. Basically, the law provides for either paid leave or unpaid leave with job security, depending on factors such as employer size and revenue, and the reason for the employee’s leave. The specifics are detailed below:

• Already enacted is two weeks of paid leave for New York State employees (employees who work for the state) who are subject to mandatory or precautionary quarantine.
• Employees subject to a mandatory quarantine order have the following benefits (effective immediately upon passage):
  • If the employer has 10 or fewer employees and less than $1 million of net income, job security for the duration of the quarantine; guaranteed access to Paid Family leave and short-term disability benefits.
  • 11-99 employees or 10 or less employees with income greater than $1 million: 5 days of paid sick leave, job protection, and access to Paid Family Leave and short-term disability.
  • All public employers and private employers with 100 or more employees: 14 days paid sick leave and job protection during quarantine.
• Paid sick leave legislation (to be effective 180 days after enactment):
  • Employers with 4 or less employees and $1 million or less net income: at least 5 paid sick leave days per year.
  • 5-99 employees or employers with 4 or less employees and $1 million or more: at least 5 paid sick leave days per year.
  • 100 or more employees: 7 days of sick leave per year.

The law has not yet been passed by the legislature, but has been agreed to by the governor and law makers. We will monitor the bill’s progress and post updates as they become available.

The coronavirus pandemic has already been presenting some unusual employment issues. We’ve been manning the phones and are available to discuss your individual situation. Please call our Long Island employment lawyers at 631-352-0050 if you employment related questions.

New York Leave Law