The State of New York has enacted legislation (Senate Bill 8091) that provides paid leave to employees subject to a quarantine or isolation order as a result of COVID-19.
Employers Impacted by a Mandatory Quarantine or Isolation:
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Employer Size
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Employer Requirements
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10 or fewer employees with a net income less than one million dollars*
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Provide employees with job protection for the duration of the quarantine order and guarantee access to paid family leave and disability benefits (short-term disability) for the quarantine. The full cost of the employee's leave will be provided by New York State insurance programs, capped at coverage equal to annual salaries of $150,000.
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11-99 employees, or employers with 10 or fewer employees and a net income greater than one million dollars*
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Provide at least five days of paid sick leave and job protection for the duration of the quarantine order, and the rest of the required quarantine or isolation days will be provided by New York State insurance programs, capped at coverage equal to annual salaries of $150,000.
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100 or More Employees
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Provide employees with up to 14 days of paid sick leave and guarantee job protection for the duration of the quarantine order.
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* Earned in the previous tax year.
Job Protections:
Employees who return to work after a protected leave must be restored to the same pay, position of employment, and other terms and conditions of employment they had before taking their leave.
Employee Exemptions:
Senate Bill 8091 does not apply to quarantined or isolated employees who have returned to the U.S. after traveling to a country categorized as a level two or three by the Centers for Disease Control and Prevention (CDC) for non-work related reasons. For this exception to apply, the employee must have been made aware of this exception and of the CDC's warning.
Note: These employees are still eligible to use other accrued leave provided to them by their employer, after which the employee must receive unpaid sick leave until the end of any required or preventative order of quarantine or isolation.
Compliance Recommendations:
Employers in New York should review their policies, forms, practices, and supervisor training to ensure compliance with Senate Bill 8091. Please contact your dedicated service professional with any questions.