On Sunday, the NYS Commissioner of Health officially announced the that the designation of COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” will once again be extended, this time through December 15, 2021.
Employers must keep their NYS HERO Act plans in effect until that time.
The commissioner's initial designation came unexpectedly on September 6, 2021, which forced employers to activate their NY HERO Act plans far sooner than anticipated. The initial designation was effective through September 30, 2021, at which time the NYS Commissioner of Health would review and consider whether the circumstances surrounding the ongoing COVID-19 pandemic warranted extension of the designation at that time. On September 30, 2021, the Commissioner extended the initial designation through October 31, 2021.