COVID-19 Leave Laws

This law continues to provide leave to employees who are subject to a mandatory or precautionary order of quarantine or isolation issued by New York State, the Department of Health, the local board of health, or any other authorized governmental entity due to COVID-19. 

• Private employers with 10 or fewer employees and a net income of one million dollars or less in the previous tax year must provide unpaid sick leave until the termination of the order. 

• Private employers with 10 or fewer employees and net income over one million dollars in the previous tax year and private employers with between 11 and 99 employees, regardless of income, must provide five (5) days of paid sick leave, followed by unpaid sick leave until the termination of the order. 

• Private employers with 100 or more employees and public employers of any size must provide 14 days of paid sick leave. 

• Leave is not available where the employee is asymptomatic or has not yet been diagnosed with any other medical condition and is physically able to work while under the order through remote access or other similar means. 

• The legislation also made PFL available when an employee’s minor child is subject to a mandatory or precautionary order of quarantine or isolation issued by New York State, the Department of Health, the local board of health, or any other authorized governmental entity due to COVID-19. 

• New York State law also continues to require employers to provide employees with paid leave to receive COVID-19 vaccinations. Specifically, employees are entitled to leave “for a sufficient period of time, not to exceed four hours per vaccine injection. 

• Employers are prohibited from discharging, threatening, penalizing, or otherwise discriminating or retaliating against an employee because the employee exercised rights under the law. 

• The law is scheduled to expire on December 31, 2022.