NYSDOL updates COVID-19 paid sick leave rules
Many employers now know the New York State Quarantine Paid Sick Leave Law’s (NYS Q-Law) benefits continued even after the Families First Coronavirus Response Act’s (FFCRA) emergency paid sick leave (EPSL) benefits expired on December 31, 2020. On January 20, 2021, the New York State Department of Labor (NYSDOL) came out with “Guidance on Use of COVID Sick Leave,” which now requires employers to provide additional NYS Q-Law benefits beyond what was long assumed to be a capped 14-day sick leave period. The guidance also indicates the NYS Q-Law benefits should be paid to an employee even without the “mandatory order of quarantine or isolation” expressly contemplated by the law.
Background
The NYS Q-Law, in effect since March 2020, provides different paid sick leave benefits depending on the employer’s size: