Notably, the federal COVID leave law, FFCRA, expired on September 30, 2021. Thus, the only COVID-specific paid sick leave law that is still in effect is the NYS Paid COVID-19 leave law. This paid leave must be offered in addition to other leaves if the employee has an order from the proper authorities.
The NYS Paid COVID-19 leave law requires that employers provide paid COVID sick leave to employees who are subject to an order of isolation/quarantine issued by a Department of Health. (again this is in addition to other leave laws).
To obtain an order of precautionary or mandatory order of quarantine or isolation due to COVID-19, employees should contact their Local Health Department (LHD). Employees can search for their LHD on the New York State Department of Health website at health.ny.gov/contact/contact_information.
If the LHD is unable to immediately provide an employee with an order:
- The employee can submit documentation from a licensed medical provider that has treated them, attesting that they qualify for the order; AND
- The employee must follow up with their LHD to obtain the order and submit it to their insurance carrier as soon as it is available. LHDs must provide requested orders within 30 days.
If an employee provides the requisite proof, employers must provide the employee with paid COVID sick leave (separate and apart from any paid sick leave under the NYS Paid Sick Leave law or PTO). If the company’s current employee headcount is under 100 employees, the employee must be provided with 5 days of paid COVID sick leave at their regular rate of pay. The employee can apply for PFL leave for the remainder of the isolation/quarantine order. If the company has 100 or more employees, it needs to provide up to 14 days of paid sick COVID sick leave (to cover the length of the isolation/quarantine order). If an employee is not showing symptoms and is physically able to work through remote access or similar means, they are not entitled to NYS Paid COVID-19 leave.