June 28, 2020 3:00 pm

The IDA received notice from the NY Business Council that late Friday, Governor Cuomo issued an executive order clarifying whether employees quarantined as a result of the travel advisory described below would qualify for NYS emergency paid sick leave. In short, employees who voluntarily travel to any of the states designated as having a COVID-19 infection rate that exceeds the established criteria – who then becomes quarantined by a public health official as a result – would not be eligible for NYS emergency paid sick leave.

 

The order requires employers to provide advance notice of the travel advisory, the possibility of quarantine, and the potential loss of paid sick leave benefits if an employee were to become quarantined. Employers should provide a general notice to all employees that this type of travel could result in loss of benefits.

 

A sample notice could read:

 

To all employees:

By order of the Governor, anyone traveling to a state (after June 25th) with positive test rates higher than 10 per 100,000 residents, or higher than a 10% positive test rate, over a seven day rolling average, and which the commissioner of the department of health has designated as meeting these conditions is required to quarantine for 14 days. On Friday, the Governor issued an Executive Order clarifying that employees who travel voluntarily to any of these states shall not be eligible for benefits under the New York State emergency paid sick leave law. Employees should be aware that voluntary travel to any of these states could result in loss of pay during the required quarantine.

 

The list of impacted states will be updated frequently and can be found on the Department of Health website.

 

The Department of Health Guidance  provides exemptions for ‘essential’ workers, such as anyone employed in an essential business as defined by Empire State Development Corporation. Those employees could avoid quarantine and return to work upon receiving a negative COVID-19 test within 24 hours of their return to NYS and following established protocols regarding face coverings, social distancing, etc.

 

The NY Business Council will be hosting a webinar on Monday, June 29 to discuss these developments. Details can be found here.