Employees in New York State now have the right to paid and unpaid sick leave when they are unable to work due to a “mandatory or precautionary order of quarantine or isolation" related to COVID-19. This new right to sick leave applies to an order issued by a government entity such as the state of New York, the department of health, or a local board of health.
Unable to work means that you are unable to work in the office or remotely. This right to COVID-19 sick leave is in addition to any sick leave your employer already provides. This is very important. If you need to take sick leave related to a COVID-19 order, then your employer must give you both any regular sick leave you have already earned and the additional sick leave under New York’s COVID-19 sick leave law. The amount of COVID-19 sick leave that must be provided, and whether it is paid or unpaid, depends on the size of the employer, both in terms of the number of employees and the amount of net revenues.
Paid sick leave must be paid at your regular rate of pay. You may also be entitled to paid sick leave under a new federal law called the Families First Coronavirus Response Act. Ask your employer to provide any New York paid sick leave first, and then ask for the maximum amount of paid leave available under the federal law when your paid leave under the New York law ends. If you are being denied sick leave, call us at (212) 601-2728. We are here to help. John Howley, Esq. (212) 601-2728
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11/26/2022 12:06:42 am
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