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Updated Guidance on NY COVID-19 Sick Leave

  • On January 20, 2021, the New York Department of Labor issued new guidance regarding the use of NY COVID-19 sick leave.
  • This new guidance supplements prior guidance on the application of COVID-19 sick leave and all prior guidance remains in effect.
  • The guidance provides the following information:

(1)  An employee who returns to work after a period of mandatory quarantine or isolation does not have to be tested for COVID-19 before returning to work, except for nursing home staff.

  • But, an employee who subsequently receives a positive test result for COVID-19 must not report to work – such employee shall be deemed subject to a mandatory order of isolation from the Department of Health (DOH) and shall be entitled to NY COVID-19 sick leave.
  • The employee must submit documentation from a licensed medical provider or testing facility attesting that the employee tested positive for COVID-19.

(2)  If an employee is subject to an order of quarantine or isolation and continues to test positive for COVID-19 after the end of such quarantine or isolation period, the employee must not report to work.

  • The employee shall be deemed to be subject to a second mandatory order of isolation from the DOH and shall be entitled to sick leave as required by NY’s COVID-19 sick leave law for the second period of isolation.
  • The employee must submit documentation from a licensed medical provider or testing facility attesting that the employee has received a positive test for COVID-19 after completing the initial period of isolation.

(3)  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 to COVID-19, regardless of whether such exposure was in the workplace, the employer must 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 will receive NY COVID-19 sick leave for the period of time the employee is subject to such mandatory or precautionary order of quarantine or isolation

(4)  An employee may only qualify for NY COVID-19 sick leave for up to three orders of quarantine or isolation. The second and third orders must be based on a positive COVID-19 test in accordance with paragraphs (1) and (2) above.

The Attorneys at Levene Gouldin & Thompson, LLP are available to provide advice and counsel concerning matters related to COVID-19.

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