All public and private sector employees in New York State who are subject to a precautionary or mandatory order of quarantine or isolation due to COVID-19 are guaranteed paid leave and job protection. This law is currently in effect.
Employers are required to allow employees to use this time if they are subject to a precautionary or mandatory order of quarantine or isolation.
When they return to work, an employee is required to be restored to the same position of employment held by the employee prior to any leave taken. An employer cannot discharge, threaten, penalize, or in any other manner discriminate or retaliate against any employee because such employee has taken leave pursuant to this leave provision.
If an employee is subject to a mandatory or precautionary order of quarantine because they returned to the country after traveling to a country which the CDC has a level two or three travel health notice and the travel to that country was not taken as part of the employee’s employment or at the direction of their employer and the employee was provided notice of the travel health notice and limitations of this subdivision prior to such travel, they are not eligible to take leave pursuant to this law.
To get an order of precautionary or mandatory order of quarantine or isolation, you should contact your local Health Department. If you are unable to get an order from your Health Department, you should submit documentation from a licensed medical provider that has treated you, attesting that you qualify for the order and follow up with your local Health Department to obtain the order and submit it as soon as it is available.
Public Employees
A public employee who is subject to a precautionary or mandatory order of quarantine or isolation will be paid their regular rate of pay by their employer for 14 days. An employee will not have to use accrued sick leave. If you are a public employee who is still being paid by your employer, you will not receive any extra pay while you are on a precautionary or mandatory order of quarantine or isolation.
Private Employers
This benefit is structured in a way that any person who makes up to $150,000 per year will be kept financially whole. Unlike public employees, who pays a private sector employee will be dependent on the size of their employer (see chart). For smaller employers, paid family leave (PFL) will pay out 60 percent of a person’s wage, up to $840.70 per week; Temporary Disability Insurance (TDI) will pay out 40 percent of a person’s wage, up to $2,043.92 per week. All waiting periods for PFL and TDI are waived for this specific paid time.
