New York State Updates:
Ward Law LLC is dedicated to keeping our clients informed about all things COVID-19 related. Our business is to ensure that you have all the information you need to keep your business going. In that regard, please read below for updates on the State of New York.
On Friday March 20th, Governor Andrew M. Cuomo announced that through executive order, 100% of a non-essential business’ workforce must stay at home. On Wednesday, Governor Cuomo allowed 50% of a businesses’ workforce to report to work, but after an increase in COVID-19 cases, the number was decreased to 25% on Thursday, and further reduced to 0% on Friday. Essential services such as food providers, pharmacies, healthcare providers, and businesses in shipping and supplies will not be affected by the measure.
Sick Leave Legislation
Sick leave legislation signed by Governor Cuomo on Wednesday March 18th, attempts to address sick leave during the current COVID-19 crisis as well as when business returns to normal in the future.
In an effort to address the COVID-19 crisis, the law provides more aggressive measures “for those subject to mandatory or precautionary order of quarantine or isolation.” For purposes of the law, a quarantine or isolation must be issued by the “State of New York, the Department of Health, local board of health, or any government entity duly authorized to issue such order due to COVID-19.”
During a quarantine, businesses:
- With 10 or less employees and a net income less than $1 million must provide their employees with unpaid sick days, the ability to qualify for paid family leave and disability benefits, and job protection.
- With a net income of at least $1 million and/ or with 11-99 employees must provide at least five days of paid sick leave, ability to qualify for family leave and disability benefits, and job protection.
- With 100+ employees must provide at least 14 days of paid sick leave, and job protection.
- Exception: If an employee is confined to quarantine (either mandatory or precautionary) because they returned from a country which the CDC declared a level two or three travel health notice, the travel was not taken for work, and the employee was provided with notice of the status of the country, the employee will not receive any paid sick leave benefits. The employee is only guaranteed unpaid sick leave for the duration of the quarantine.
Outside of quarantine, businesses:
- With four or less employees and a net income of less than $1 million must provide five days of unpaid sick leave annually.
- With a net income of at least $1 million and/or with 5-99 employees must provide five days of paid sick leave annually.
- Businesses with 100+ employees must provide seven days of paid sick leave annually.