NYS COVID-19 Sick Leave Bill

March 19, 2020

Late yesterday, the NYS Assembly and Senate passed and the Governor signed legislation providing for employee leave relative to the COVID-19 Emergency (S8091/A10153).  Below is a summary of the new requirement.
 
Note that this legislation has two separate parts.  The first part is related to benefits available to those who have been issued a mandatory or precautionary order of quarantine or isolation by the State or government entity (local health department/NYS Department of Health/CDC).  It does NOT apply to any “reductions in workforce” or “shelter-in-place” orders or layoffs due to COVID-19 related job closures.  In those situations the second part of the legislation, eligibility for unemployment insurance, would apply.
 
Please note that the Federal government is expected shortly to implement leave laws on the same topic and we will send out that information as it becomes available.
 
As employers in the construction industry, employees are our most valuable resource.  The whole topic of this virus and its impacts on our daily life are very fluid and we know all employers are doing everything they can to minimize disruptions to their workforce.  ECA will strive to continue to provide you with up-to-date and pertinent information so you can make decisions as we all work through this emergency together.
 
Please feel free to contact me with any questions.
Todd Helfrich
President and CEO

NYS COVID-19 Sick Leave Bill
Summary

COVID-19 Leave:
Employers With….	Employer Responsibility	Benefits Available to Employee
10 or fewer employees and net income of $1M or less	Unpaid sick leave for duration of quarantine	Paid Family Leave + Disability	Paid Family Leave benefits capped at $840.70/week   Disability capped at $2043.92/week
10 or fewer employees and net income greater than $1M	5 paid sick days, then à	Paid Family Leave + Disability
11-99 employees	5 paid sick days, then à	Paid Family Leave + Disability
100 + employees And all public employers	14 paid sick days

​Additional Provisions:

• Leave must be provided without loss accrued sick leave (THIS LEAVE IS IN ADDITION TO EXISTING POLICIES)
• An employee’s employment must be restored upon return from leave; employer cannot retaliate against an employee for the use of leave
• Certain employees may not be eligible based on their travel history.
• Disability and Paid Family Leave benefits arising out of this act are payable concurrently on the first day of unpaid period of quarantine.
• Claims for Unemployment Insurance Benefits due to a government mandated closure of a business or a closure related to COVID-19 are not subject to a waiting period for benefits

• This act does not apply where an employee is deemed asymptomatic or has not been diagnosed with a medical condition and is physically able to work under mandatory or precautionary orders of quarantine or isolation, whether through remote access or other means.
• This law does not affect the ability of employees to collectively bargain, and does not diminish the integrity of existing CBAs.
• If the Federal Government enacts similar law or regulation, employees are only eligible to collect NYS benefits to the extent that they exceed Federal law (collect the difference).