New York Gov. Andrew Cuomo released information on proposed legislation that is intended to provide relief for workers who are subject to mandatory or precautionary orders of quarantine or isolation due to the COVID-19 outbreak. Additionally, the New York Building Congress recently held a teleconference with key New York City agencies overseeing the city’s building industry to gauge the impact of the coronavirus pandemic on the region’s development and construction landscape.

Employers should take immediate, proactive measures to comply with the paid sick leave and job security provisions outlined in the legislation.

NY Quarantine Legislation — Key Takeaways

Gov. Cuomo’s legislation will take effect immediately upon passage and will provide the following relief to quarantined or otherwise isolated workers:

• Employers with 10 or fewer employees and a net income of less than $1 million will provide job protection for the duration of the quarantine order and guarantee their workers access to Paid Family Leave and disability benefits (short-term disability) for the period of quarantine including wage replacement for their salaries up to $150,000.
• Employers with 11-99 employees and employers with 10 or fewer employees and a net income greater than $1 million will provide at least five days of paid sick leave, job protection for the duration of the quarantine order, and guarantee their workers access to Paid Family Leave and disability benefits (short-term disability) for the period of quarantine including wage replacement for their salaries up to $150,000.
• Employers with 100 or more employees,as well as all public employers (regardless of number of employees), will provide at least 14 days of paid sick leave and guarantee job protection for the duration of the quarantine order.

Notably, included in the legislation is a comprehensive paid sick leave proposal that was part of the Governor’s State of the State and FY 2021 Executive Budget, which goes into effect 180 days after enactment. Key details of this paid sick leave legislation include:

• Employers with four or fewer employees and a net income less than $1 million will provide at least five days of unpaid sick leave each year.
• Employers with five to 99 employees and employers with four or fewer employees and a net income greater than $1 million will provide at least five days of paid sick leave each year.
• Employers with 100 or more employees will provide at least seven days of paid sick leave each year.

Gov. Cuomo also called for the construction of field hospitals to bolster medical support during the coronavirus pandemic.

NY Building Congress Updates

The most recent information released by the New York Building Congress includes:

• Vice President Mike Pence has asked all construction companies to consider donating their N95 masks to local hospitals and has requested that they forgo placing any new orders for now.
• NYC DOB COVID-19 Response - Application Processing — Service notice from the Department of Buildings (DOB) outlining encouraged methods to file and make payments with the agency.
• MTA Memo to Contractors and Consultant Contractors — Coronavirus Protocols — Memo to contractors, consultants or agencies affiliated with the Metropolitan Transportation Agency (MTA) detailing procedures for employees exposed to the coronavirus and recommended triage efforts.
• Update from Port Authority NY/NJ — Information on how bids, proposals and various construction solicitations will be handled.

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