As we are all aware, New York State issued an order implementing the New York State COVID-19 Leave Law, providing job-protected leave for employees who are subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19. While the pandemic seems like a thing of the past, the New York State COVID-19 Sick Leave Law still remains in effect, as it was not assigned an expiration date. New York employers must continue to provide COVID-19 paid sick leave to employees who cannot effectively work from home and need to isolate due to their own suspected or confirmed case of COVID-19.
Per the law, how many days of leave an employee may receive depends on the number of employees the employer has and their net annual 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. |
Note that this leave is separate and apart from any PTO balance and/or NYS Paid Sick Time and therefore should be tracked separately.
Employees must complete an Affirmation of Isolation (attached) to qualify for an initial round of COVID-19 leave. For their second or third round of COVID-19 leave, their need to isolate must be based on a positive COVID-19 test and the employee must submit documentation from a licensed medical provider or testing facility attesting that the employee has tested positive for COVID-19.
If an employee calls out for COVID-19, and it’s their first time doing so, you should require them to complete the attached affirmation and return it to your attention. Then, you should provide them with 5 days of COVID-19 pay (to cover the period of their isolation). If they are calling out on a 2nd or 3rd time, they must present documentation from a medical provide or testing facility demonstrating they tested positive. Under the law, employees are not entitled to COVID-19 pay for more than 3 rounds of COVID, so if it’s the employee’s 4th or more time calling out for COVID, you should direct them to use their regular sick time and/or PTO.
Employees may file a complaint with the New York State Department of Labor if an employer does not provide the required COVID-19 sick leave. A COVID-related complaint may also be filed if an employer has threatened or fired an employee for reasons related to COVID-19, or if an employee qualifies for COVID-19 paid sick leave and the employer refuses to pay it.
Although this mandate remains in effect, many are calling for the law to be repealed citing the burdens put on businesses to continue to provide these benefits. As of now, however, there seems to be no end in sight.
Note, as of January 1, 2024, New York employers are no longer required to provide up to four hours of paid leave for employees to receive a COVID-19 vaccine. This requirement had been extended to remain in effect only through December 31, 2023.
Should you have any questions regarding COVID-19 sick leave, please contact Ali Law Group.
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