Situation Report | February 1, 2021
The state Department of Labor recently posted guidance about use of COVID-19 Sick Leave.
According to the guidance:
- An employee who returns to work following mandatory quarantine or isolation does not need to be tested before returning to work, except for nursing home staff.
- However, an employee who subsequently receives a positive diagnostic test result for COVID-19 must not report to work, is subject to a mandatory order of isolation, and entitled to sick leave as required by New York’s COVID-19 sick leave law, whether or not the employee already has received sick leave as required by the law for the first period of quarantine or isolation. The employee must submit documentation of a positive test from a licensed medical provider or testing facility. The employee does not need to submit documentation if the employer gave the test for COVID-19 that showed the positive result.
- If an employer mandates that an employee remain out of work due to exposure or potential exposure to COVID-19, the employer must continue to pay the employee’s regular rate of pay until the employee returns to work or becomes subject to a mandatory or precautionary order of quarantine or isolation, at which time the employee shall receive sick leave as required by New York’s COVID-19 sick leave law for the period of mandatory or precautionary quarantine or isolation.
- An employee cannot qualify for sick leave under New York’s COVID-19 sick leave law for more than three orders of quarantine or isolation. The second and third orders must be based on a positive COVID-19 test.
For additional information about New York’s COVID-19 sick leave law, visit ny.gov/COVIDpaidsickleave.