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The Complete Payroll Blog

Important NYS Employer COVID-19 Paid-Leave Update

Posted by Complete Payroll | Feb 2, 2021 3:14:42 PM

On January 20, 2020, New York State government released an important update regarding required COVID-19 paid-leave for employees. 

Under these new regulations, if employees have already taken paid-leave due to the need to quarantine because of COVID-19 exposure (not a positive test), these employees are entitled to two additional paid COVID-19 leaves if they need to quarantine again or if they have a positive COVID-19 test result. 

In summary, NYS employees can now take up to three paid COVID-19 leaves, equivalent to 5 or 14 paid off-days (depending on the size of their work organization and net profits), if the need arises. 

While it’s unlikely that an employee would need to take three paid COVID-19 leaves due to multiple positive test results of COVID-19, it is likely that employees have had to previously quarantine due to COVID-19 exposure and are now testing positive for the virus. In this case, the probability of additional time off is relatively high. As an NYS employer, you are required by law to give these employees additional paid time off.

If you decide to apply to FFCRA COVID to receive tax credit for these paid-leaves, keep in mind that the leave is eligible to be applied one time. You will not be able to receive tax credit for second or third leaves taken by your employees.  

If you do not allow your NYS employees additional leave due to COVID-19 quarantine or positive tests, they have the option to file a complaint with the NYS Department of Labor

Changes like these can be confusing to navigate, so if you have any questions regarding this recent update, don’t hesitate to contact us for additional guidance. 

Topics: Labor law, COVID-19, Paid Sick Leave

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