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COVID-19 Paid Leave in New York

Please be aware that at midnight on September 30th the Federal paid COVID-19 leave plan expired. The plan was originally enacted as the Families First Coronavirus Response Act (FFCRA), later extended under the name of the American Rescue Plan Act.

While federal regulations have expired, New York businesses must still comply with the requirements of New York COVID-19 Paid Leave.

As of May 11, 2023, the Center for Disease Control (CDC) lifted the COVID-19 Public Health Emergency declaration. While the only regulations still in place are in regard to COVID-19 Paid Leave, the state still offers current guidance for new york employers regarding COVID.

What is COVID-19 Paid Leave in New York?

If you were providing leave entitlements to your employees under the Federal COVID-19 paid leave plan, you will now need to adhere to the parameters of the NYS COVID-19 paid leave plan.

COVID-19 Paid leave employer mandates that employers provide job-protected, paid leave in the event they, or their minor dependent child, must quarantine or isolate as a result of COVID-19.

Employees may receive financial compensation through a combination of benefits, including:

  • Employer-Provided COVID-19 Sick Leave
  • Disability Benefits
  • Paid Family Leave
    • Paid Family Leave may also be used to care for a family member who has contracted COVID-19, which may qualify as a serious health condition

These benefits are not available to employees who can work through remote access or other means.

Here is what employers should know regarding NYS COVID-19 Paid Leave.

New York COVID-19 Paid Leave in 2024

Employers in New York may be required to provide anywhere from 5 to 14 days of paid sick leave in the case that an employee must quarantine or isolate due to COVID (as described above).

How many days of leave an employee may receive depends on the number of employees the employer has and their net annual income.

Original NYS COVID-19 Sick Leave Provisions

In March 2020, the NYS Legislature passed legislation requiring employers with employees in New York State to provide job-protected leave to employees when the employee is subject to a mandatory or precautionary order of quarantine issued by the New York State Department of Health, a local board of health or any other governmental entity duly authorized to issue such an order related to COVID-19.  The amount of job-protected leave required and whether the leave must be paid is determined by employer size and net income as follows:

Employer Size

Employer Net Income from 2019

Provided to Employee

1-10 employees

$1 million or less

Employers are not required to use paid sick days. Employees would have to use PFL or disability benefits.

1-10 employees

$1 million or more

Employers must provide at least five (5) paid sick days.

11-99 employees

 

Employers must provide at least five (5) paid sick days.

100+ employees

 

Employers must provide at least 14 paid sick days.

Public employers (regardless of size)

 

Employers must provide at least 14 paid sick days.

Note: Paid leave entitlements of 5 or 14 days were 5 or 14 consecutive calendar days. Thus, employees subject to a mandatory or precautionary quarantine are eligible for paid leave for a period of 5 or 14 consecutive calendar days. Employees need only be paid for those days during that 5 or 14-consecutive-day period, which they would normally have been scheduled to work. 

NYS Paid Vaccination Leave 2024

Paid vaccination leave is no longer in effect. The leave entitlement required employers to provide employees with “a sufficient period of time, not to exceed 4 hours” per vaccine dose, to be vaccinated for COVID-19. The time had to be paid at the employee’s regular rate of pay for the entire leave period. This leave plan expired on December 31st, 2022.

Questions?

Contact us with questions regarding COVID-19 Paid Leave. For businesses that are struggling with compliance management and are looking for help may want to consider HR services, as companies that fall out of compliance may find themselves facing serious New York labor law penalties and fines.

New York HR Services