NYSDOL Issues Informal Guidance that Significantly Expands New York's COVID-19 Sick Leave Law

As we wrote in an earlier post, in March of 2020, New York enacted a COVID-19 Sick Leave Law, which requires employers to provide sick leave benefits to employees who are under a mandatory order of quarantine due to COVID-19. The New York State Department of Labor (NYSDOL) recently issued informal guidance that significantly expands potentially eligible sick leave benefits, which employers need to be aware of.

Under the New York COVID-19 Sick Leave Law, employees under a mandatory order of quarantine are entitled to certain sick leave benefits depending on the size of their employer. The maximum benefits apply to businesses with 100 or more employees, which must provide up to 14 days of paid sick leave for a COVID-19 quarantine.

According to the NYSDOL’s guidance, employees are eligible for COVID-19 sick leave benefits for up to three separate quarantine periods due to positive COVID-19 test results. This guidance potentially expands sick leave benefits by triple the amount stated in the statutory language.

The guidance also provides that an employer must pay an employee at his or her regular rate of pay if an employer requires an employee, who is not subject to a quarantine order, to isolate or remain out of work due to exposure or potential exposure to COVID-19. The employee must be paid until the employer permits the employee to return to work or the employee subsequently becomes subject to a quarantine order, at which time the employee would be still be entitled to full COVID-19 sick leave benefits.

Because the guidance appears to create obligations beyond the requirements of the underlying statutory language, it is likely that this guidance will be challenged in court. Nevertheless, the guidance does indicate how the NYDOL is interpreting, and will presumably enforce, the New York COVID-19 Sick Leave Law. This puts employers in the difficult position of having to either potentially ignore the NYSDOL’s guidance and face enforcement actions or provide significantly more COVID-19 sick leave benefits then the statute seemingly requires.

Employers dealing with COVID-19 related sick leave and other related issues, should consult with experienced counsel to avoid potentially running afoul of the law. If you have questions about your business’s COVID-19 obligations, please contact us at (201) 345-5412 / (646) 503-5358 or through our online scheduling system to schedule a complimentary consultation.