Employment Protections

Yes. On February 10, 2022 Governor Hochul lifted statewide indoor business mask-or-vaccine requirement but permitted businesses and local governments to implement their own mask and vaccination policies. The mask mandate remains in effect for all health care settings regulated by the Department of Health and other related state agencies, nursing homes, adult care facilities, correctional facilities, detention centers, homeless shelters, domestic violence shelters, public transit and transportation hubs, trains, planes, and airports

Yes. EEOC guidance states that an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.

Certain industries, such as nursing homes, may be required to administer COVID-19 tests to employees.

The Occupational Safety and Health Administration directs businesses to provide face coverings or surgical masks to unvaccinated and otherwise at-risk workers at no cost.

CDC Guidance recommends that employers inform employees of their possible close contact (within 6 feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period) with infected individuals, but maintain confidentiality as required by the Americans with Disabilities Act (ADA).

The same CDC Guidance also requires that the employer “Perform routine environmental cleaning and disinfection, . . . [and] enhanced cleaning and disinfection after persons suspected/confirmed to have COVID-19 have been in the facility.” In particular, CDC Disinfection Recommendations explain that the employer should “Close off areas used by the person who is sick and do not use those areas until after cleaning and disinfecting. Wait as long as possible (at least several hours) before you clean and disinfect. Open outside doors and windows and use ventilating fans or HVAC (heating, ventilation and air conditioning) settings to increase air circulation in the area. Use products from EPA List N according to the instructions on the product label. Wear a mask and gloves while cleaning and disinfecting. Focus on the immediate areas occupied by the person who is sick or diagnosed with Covid-19 unless they have already been cleaned and disinfected . . . If less than 24 hours have passed since the person who is sick or diagnosed with COVID-19 has been in the space, clean and disinfect the space. If more than 24 hours have passed since the person who is sick or diagnosed with COVID-19 has been in the space, cleaning is enough. You may choose to also disinfect depending on certain conditions or everyday practices required by your facility.

Yes. Federal law allows employers to ask employees if they are experiencing symptoms of COVID-19, such as fever, chills, cough, shortness of breath, or sore throat. Your employer is required to keep this information confidential.

Yes. The Equal Employment Opportunity Commission has determined that temperature checks and mandatory viral tests for COVID-19 are job-related and consistent with business necessity. An employer may not, however, require than an employee be tested for COVID-19 antibodies.

Can my employer ask me if I have been diagnosed with or tested for COVID-19 when I enter my workplace?

Yes. Employers may ask employees physically entering the workplace if they have COVID-19 or symptoms associated with the virus. Employers may require you to stay home if you have tested positive for or have symptoms of COVID-19 to protect the health of others. However, employers are generally not allowed to ask these questions of employees who are teleworking or not interacting with others.

Paid Family and Sick Leave

Does my employer have to pay me while I am quarantining or isolating due to infection with or exposure to COVID-19?

It depends on the size of your employer. A summary breakdown is below, and you may see New York State's full policy at this link.

• Employees of small employers may use a combination of NYS Paid Family Leave and disability benefits.
• Employees of medium employers are entitled to at least 5 paid sick leave days and may thereafter use a combination of NYS Paid Family Leave and disability benefits.
• Employees of large employers are entitled to at least 14 paid sick leave days.

Small employers have 10 or fewer employees and a business net annual income less than $1 million. Medium employers have between 11 and 99 employees or have between 1 and 10 employees and a business net annual income greater than $1 million. Large employers have 100 or more employees.

Individuals should first obtain an order of quarantine or isolation by following the at this link. Individuals who receive state orders of quarantine or isolation, or are sent home on an employer’s order of quarantine or isolation, are entitled to entitled to job protection and the above sick leave, depending on employer size. The state law protections do not apply to those who are under quarantine or self-isolation at home but are not symptomatic and are able to work remotely.

Yes. Individuals whose minor, dependent child is under a mandatory or precautionary order of quarantine or isolation may be able to take Paid Family Leave for the duration of the quarantine/isolation and receive 67% of their average weekly wage rate up to a maximum weekly benefit of $840.70.

You may also claim general state or local paid sick leave benefits.

New York State paid sick leave law: Effective January 1, 2021, New York’s paid sick leave law requires employers with five or more employees or net income of more than $1 million to provide paid sick leave to employees and for employers with fewer than five employees and a net income of $1 million or less to provide unpaid sick leave to employees. This new law is in addition to the New York State provisions already in effect providing emergency paid sick time due to COVID-19. On September 30, 2020, covered employees in New York State began to accrue leave at a rate of one hour for every 30 hours worked. See this site for more information. The amount of paid sick leave depends on employer size. This means that:

• Employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year.
• Employers with 5-99 employees, and employers with 0-4 employees with net income in excess of $1 million must provide up to 40 hours of paid sick leave per calendar year.
• Employers with 0-4 employees whose net income is $1 million or less must provide up to 40 hours of unpaid sick leave per calendar year.

New York City and Westchester local paid sick leave laws: Most employees in New York City and Westchester have up to five days of paid sick leave per year if they work for an employer that has more than five employees or if the employee is a domestic worker. Employees accrue one hour of paid sick time for every 30 hours worked and most employees can take sick time after they have worked for the employer for 120 days (employees in Westchester can begin taking sick time after 90 days of employment). Employees must be able to carry over at least 40 hours of accrued sick time year to year.

Employees should request leave from their employers. An employee may be required to provide reasonable notice (but no more than seven days) only if the use of sick time is foreseeable. Otherwise, for unexpected medical issues, no advance notice is required, but an employer may require that notice be given as soon as practicable. An employer may not require employees to provide documentation from medical professionals about the necessity of sick leave unless the employee is out for more than three consecutive days.

• For more information, NYC residents may follow this link or contact the Department of Consumer Affairs by calling 311.
• NYC residents click here to file a complaint.
• Westchester residents can contact the Department of Consumer Protection at 914-995-2155.

No. The mandatory provisions federal Families First Coronavirus Response Act (FFCRA) expired on December 31, 2020. However, if you believe that your employer failed to comply with the FFCRA while it was in effect from April 1, 2020 through December 31, 2020, you may file a retroactive complaint.

The FFCRA guaranteed two weeks of paid sick leave for employees quarantining due to COVID-19 diagnosis or symptoms, two weeks of paid sick leave for employees caring for individuals with COVID-19 or minor children experiencing school closure, and up to 10 weeks of family and medical leave for employees caring for minor children experiencing school closure. More information about the FFCRA may be found on the federal Department of Labor’s website at this link.

Under federal, state, and local law, employers must provide a reasonable accommodation for employees if, as a result of a long- or short-term disability, they need an accommodation to perform their jobs. Reasonable accommodations can include telecommuting, staggering your schedule, or taking leave. Short-term disabilities protected under the anti-discrimination laws includes severe but temporary illnesses. Employees should request an accommodation from their employers. If your accommodation request is denied, you may file a complaint with federal, state, or city office. See the section on Protections against Discrimination and Harassment below for more information regarding filing a complaint.

Am I entitled to an accommodation to avoid exposing a family member who is at higher risk of severe illness from COVID-19?

No. An employer is not required to accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom they are associated.

Can my employer fire me or discipline me for taking leave or reporting violations of the sick or family leave laws?

Both federal and state law prohibit retaliation, including discipline, firing, or otherwise discriminating against an individual, for taking sick or family leave.

If you have been retaliated against for taking or requesting emergency leave, you should contact the Attorney General’s Office using the Labor Bureau’s complaint form. You may also email labor.bureau@ag.ny.gov or call 212-416-8700.

Employees who become ill or injured off-the-job may be eligible for temporary disability benefits. Disability benefits are paid at 50% of an employee’s average weekly wage with a maximum of $170 per week.

For more information on temporary disability benefits, contact the New York State Workers’ Compensation Board by phone at 1-877-632-4996 or via e-mail at Claims@wcb.ny.gov or visit this site.

Employees who become ill or injured due to job related activities may be eligible for workers’ compensation. Workers’ compensation will cover all health care and travel related to the illness or injury and weekly benefits of two-thirds of average weekly pay rate multiplied by the percentage of disability with a maximum payment of $1063.05 per week.

For information on workers’ compensation insurance and how to file a claim, please visit this site. Employees should apply for benefits with the Workers’ Compensation Board. Workers’ Compensation claims may be filed at this link. You may call 1-877-632-4996 for questions or assistance.

Most employees in New York can take 12 weeks of partially paid leave to take care of a family member with a serious health condition. Employees will be compensated at 67% of their average weekly earnings with a maximum weekly allowance of $1,068.36 per week.

Full-time employees may start taking leave after 26 weeks of starting work and part-time employees may start taking leave after 175 days of work.

Please note that employees generally may not use Paid Family Leave for their own medical conditions.

If you have been unlawfully denied family leave, or for more information, please call the Paid Family Leave Helpline at 1-844-337-6303 or visit the Paid Family Leave website.

Under the federal Family and Medical Leave Act (“FMLA”), employees are guaranteed 12 weeks of job-protected leave within a 12-month period if they are sick or need to take care of a sick family member. To be eligible, employees must work for a private sector employer with 50 or more employees, or a school or public agency for at least a year. Family members include spouses, children, and parents. Employees may take this leave on a part-time or intermittent basis. Employers must continue to provide health insurance during the leave of absence, although employees may be asked to make employee contributions.

If you have been unlawfully denied FMLA leave, or for more information, please call the U.S. Department of Labor, Wage and Hour Division at 1-866-487-9243, or visit this site for more information regarding federal FMLA.

New York State Paid Family Leave conveys a similar set of benefits with fewer eligibility restrictions. Employees with a regular work schedule of 20 or more hours per week are eligible after 26 consecutive weeks of employment. Employees with a regular work schedule of less than 20 hours per week are eligible after 175 days worked. The New York State Paid Family Leave Act ensures employees up to 12 weeks of Paid Family Leave at 67% of their average weekly wage. For more information or to file a complaint, visit the New York Paid Family Leave website or call the PFL Helpline at 1-844-337-6303.