New York Governor Cuomo and the New York State legislature have reached agreement on a bill to expand New York's Paid Sick Leave Law to provide job protection and pay for New Yorkers quarantined as a result of the Novel Coronavirus (COVID-19). The following provisions will take effect immediately upon passage for private employers:

• Employers with 100 or more employees as of January 1, 2020: Must provide at least fourteen (14) days of paid sick leave for employees who are subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 issued by the state of New York, the department of health, local board of health, or any governmental entity duly authorized to issue such order (Quarantined Employees).
• Employers with 11 to 99 employees as of January 1, 2020: Must provide at least five days of paid sick leave for Quarantined Employees. After the five days of paid sick leave, Quarantined Employees are eligible to receive paid family leave and disability benefits starting as of the first full day of the unpaid period of a mandatory quarantine. An employee may collect up to $840.70 in paid family leave and $2,043.92 in disability benefits per week during the period of unpaid leave.
• Employers with ten or fewer employees as of January 1, 2020 (> $1,000,000 in net income): Must provide the same benefits as those described directly above for employers with 11 to 99 employees. For purposes of this statute, an employer's net income is measured based on the previous tax year.
• Employers with ten or fewer employees as of January 1, 2020 (< $1,000,000 in net income): Must provide unpaid sick leave for Quarantined Employees. The Quarantined Employees are eligible to receive paid family leave and disability benefits starting as of the first full day of the unpaid period of a mandatory quarantine. An employee may collect up to $840.70 in paid family leave and $2,043.92 in disability benefits per week during the period of unpaid leave.

Leave shall be provided for Quarantined Employees without loss of the employees' accrued sick leave.

Exceptions

Employees are not permitted to receive paid sick leave or other benefits provided by this statute if the employee is subject to an order of quarantine because the employee has returned to the United States after personal, non-business travel to a country for which the Centers for Disease and Control Prevention has a level two or three travel health notice and the employee was provided with notice of the CDC's health notice and the fact that taking such travel would except them from the provisions of this statute. These employees will be eligible to use any accrued leave provided by the employer, or, if the employee does not have sufficient accrued leave, unpaid sick leave for the duration of the quarantine.

The provisions of quarantined leave also do not apply to employees who are asymptomatic or have not been diagnosed with any medical condition and are physically able to work while under quarantine, whether through remote access or other similar means.

Right to Reinstatement

Upon return to work, Quarantined Employees must be restored to the position they held prior to any leave taken under this law. No employer may discharge, threaten, penalize, or in any other manner discriminate or retaliate against an employee for taking this leave.

Expansion of Sick Leave to All New York Employees

The legislation also includes amendments to New York Labor Law that provide sick leave to all New York employees, regardless of the coronavirus, as follows:

• Employers with 100 or more employees will be required to provide at least seven days of paid 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 be required to provide at least five days of paid sick leave each year; and
• Employers with four or fewer employees and a net income less than $1 million will be required to provide at least forty (40) hours of unpaid sick leave each year.

These provisions will take effect 180 days from the date that the statute is enacted.