New York state will enact a new policy for mandatory sick leave for workers, both in the context of the novel coronavirus, or COVID-19, and beyond, meaning residents will have access to that benefit following the pandemic, Gov. Andrew Cuomo said Tuesday.
Legislation to require sick leave in New York is expected to be approved by the state Legislature later this week after Cuomo announced an agreement with lawmakers.
“Last week I said we would lead by example by guaranteeing two weeks' pay for state workers who have been quarantined as a result of COVID-19," Cuomo said. "The paid sick leave measure we've agreed to today expands those protections to all new Yorkers - because no New Yorker should lose their job or income for following a critical public health order.”
The short-term benefits related directly to the coronavirus pandemic will be different from those set to be guaranteed outside the quarantine period, and they will also vary depending on the size of an employer.
- Employers with 10 employees or less, and a net income of less than $1 million, will be required to provide job protection during a quarantine order. They’ll also have to guarantee paid family leave and disability benefits, including wage replacement.
- Employers with less than 100 employees, but more than 10, will have to provide at least five days of paid sick leave, job protection during a quarantine, and guarantee access to paid family leave and disability benefits. Those rules will also apply to employers with 10 employees or less, but with a net income of more than $1 million.
- Public employers, and employers with 100 employees or more, will have to provide at least 14 days of paid sick leave and guaranteed job protection during a quarantine order.
Those changes will take effect immediately after Cuomo signs the bill, which is expected as soon as the Legislature approves it this week.
The Legislature will also approve, as part of the legislation, a permanent guarantee of sick leave for workers. Cuomo proposed the idea, this year, in his executive budget.
Those benefits will also vary for employees depending on the size of their employer.
- Employers with four workers or less, and with a net income of less than $1 million, will have to provide at least five days of unpaid sick leave each year.
- Employers with between five and 99 employees will have to provide at least five days of paid sick leave each year. That rule will also apply to employers with four or less employees that generate more than $1 million in income annually.
- Employers with 100 employees or more will have to provide at least seven days of paid sick leave each year.
Republicans in the State Senate criticized the bill Tuesday afternoon and said it would be bad for business. Senate Republican Leader John Flanagan characterized the legislation as an attempt to "politicize coronavirus."
"Leave it to Democrats to politicize coronavirus, and shove into a bill new costs for small businesses in January 2021, that would grant irresponsible paid sick leave, which includes paid 'sick' days to deal with 'immigration,' and to 'prepare for or participate in any criminal or civil proceedings,'" Flanagan said.
"The COVID-19 crisis will bring our businesses to their knees and the last thing they need is to worry about future regulations imposed on them by this state," he continued.
The state Legislature is scheduled to return to Albany later this week, as early as Wednesday, and is expected to approve the bill ahead of this year’s state budget. The spending plan is due April 1, but lawmakers may approve it earlier.
