NY State Issues Additional Guidance on Paid Sick Leave
Published: 02.09.2021
Under the new guidance, an employee who receives a positive diagnostic test for COVID-19 after previously completing a period of quarantine or isolation is permitted a second mandatory order of quarantine or isolation and is entitled to leave under the COVID-19 leave law, even if the employee has already taken leave for the first period of quarantine or isolation.If an employer mandates that an employee who is not otherwise subject to a mandatory or precautionary order of quarantine or isolation to remain out of work due to exposure or potential exposure to COVID-19, regardless of whether such exposure or potential exposure was in the workplace, the employer shall continue to pay the employee at the employee’s regular rate of pay until the employer permits the employee to return to work or the employee becomes subject to a mandatory or precautionary order of quarantine or isolation, at which time the employee may receive sick leave as required by New York’s COVID-19 sick leave law.
Before the guidance was issued, it was unclear whether employees could take multiple periods of leave under the law. Now, employees can take leave multiple times, subject to the following limitations:
- Employees may only qualify for leave under the state’s COVID-19 leave law for a total of three (3) times.
- The second and third periods of leave must be based on a positive COVID-19 diagnostic test, rather than merely having close contact with someone with COVID-19.
For more information, visit:
- New York Department of Labor, Additional Guidance on use of COVID-19 Sick Leave (1/20/21)
- New York Paid Family Leave COVID-19: Frequently Asked Questions (3/25/20
- New York Passes Job Protected Leave Law for Employees Affected by COVID-19 (3/30/20 -Savoy)
