COVID SICK PAY (New York only)
If you are an employer in the State of New York, you have questions regarding the state mandated Covid pay for employees who contract Covid-19, or who have to take time off to care for someone who is ill or must quarantine.
While the state does provide guidance in this regard, there are many questions left unanswered. Additionally, a lot of the information is vague.
After a ton of research and phone calls to various state agencies we were still left in the dark. So, we pulled out the big guns and went straight to the State Legislature. We finally shook the right tree and below are the answers to the most frequently asked questions from our clients.
(This one example is for “medium sized employer”)
FAQS
(Current as of January 2022 and subject to change)
Abbreviations: PFL=Paid Family Leave, PTO= Paid Time Off
Does the employer (11-99 employees-medium sized) have to provide 5 sick days before the employee uses their accrued sick pay leave?
If someone in the home is ill (or a child/dependent is quarantined) but the employee is not ill themselves, they need to take PFL and/or PTO. They can also take unpaid leave.
If the employee contracts Covid or is under an Order of Quarantine, the employer is responsible to pay them for 5 consecutive sick days. Normal days off are not included in the accumulation of sick pay. Example, if an employee works Monday-Friday and becomes sick on Thursday, then the pay begins on Thursday and will continue through the following Wednesday. After the fifth day, the employee is responsible to file for PFL, PTO, or unpaid leave. (The form to provide to the employee is here)
What if the employee needs to take time off more than once in a calendar year?
Covid Pay is the responsibility of the employer a total of 3 times ever. However, only the first instance can be from a mandatory or precautionary quarantine. The second and third time must be actual positive test results.
When does the employee become eligible for Covid Pay?
On day one of employment. As soon as the employee performs any work for pay, he or she is eligible for the 5 days of Covid Pay.
Can we require proof of a positive Covid result?
Yes. But the results can be produced through just about any communication. Email, hard copy, fax, and a picture through text are all acceptable.
Are there penalties for non-compliance?
Yes. However, our source tells us that due to state agencies being overrun and understaffed, only egregious cases will likely be pursued. However, they advised it would be in the best interest of all parties to stay as compliant as possible. This law is considered “unconsolidated.”
What if my company cannot afford to pay our employees who are absent due to Covid illness?
Pay as much as you are able to and have the employee file for PFL or use PTO. This can be reimbursed at a later date.
Are there any exceptions?
Our source only informed us of one exception. If the employee travels to a noncontiguous state and contracts Covid-19, the employer is not responsible for payment unless the trip was related to their employment.
Summary: There are certainly many more questions that could come up as this law is still somewhat vague and not codified by the legislature. There have been no court decisions either which leads us to many gray areas that we must work out on a case-by-case basis. As our source told us, “Employers should consider this (sic) a new financial reality.”
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