S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10153
 
                           I N  A S S E M B L Y
 
                              March 18, 2020
                                ___________
 
 Introduced  by  M.  of  A. NOLAN, CRESPO, HEASTIE, PEOPLES-STOKES, WEIN-
   STEIN, ABBATE, AUBRY, BARRETT, BLAKE,  BUCHWALD,  BURKE,  BUTTENSCHON,
   CAHILL,  CARROLL,  COLTON,  COOK,  CRUZ,  DARLING, DAVILA, DE LA ROSA,
   DenDEKKER, DINOWITZ, ENGLEBRIGHT,  EPSTEIN,  FAHY,  FERNANDEZ,  GANTT,
   GLICK,   GOTTFRIED,   GRIFFIN,   GUNTHER,  HEVESI,  JACOBSON,  JAFFEE,
   JEAN-PIERRE, JOYNER, KIM, LAVINE, LENTOL, LIFTON, MAGNARELLI, McMAHON,
   M. G. MILLER, MOSLEY, NIOU, O'DONNELL, ORTIZ, OTIS, PAULIN,  PICHARDO,
   PRETLOW,  QUART,  RAMOS,  RICHARDSON, RIVERA, RODRIGUEZ, D. ROSENTHAL,
   L. ROSENTHAL, ROZIC, RYAN, SAYEGH, SEAWRIGHT, SIMON, SIMOTAS, SOLAGES,
   STECK,  STERN,  STIRPE,  TAYLOR,  THIELE,  VANEL,   WALLACE,   WEPRIN,
   WILLIAMS,  ZEBROWSKI,  D'URSO,  FALL,  BRONSON  --  (at request of the
   Governor) -- read once and referred to the Committee on Labor
 
 AN ACT providing requirements  for  sick  leave  and  the  provision  of
   certain employee benefits when such employee is subject to a mandatory
   or precautionary order of quarantine or isolation due to COVID-19
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 1.(a) For employers with ten or fewer employees as of Janu-
 ary 1, 2020, each employee who is subject to a mandatory or  precaution-
 ary  order  of  quarantine or isolation issued by the state of New York,
 the department of health, local board of  health,  or  any  governmental
 entity  duly  authorized  to  issue such order due to COVID-19, shall be
 provided with unpaid sick leave until the termination of  any  mandatory
 or  precautionary  order  of quarantine or isolation due to COVID-19 and
 any other benefit as provided by any other provision of law.  During the
 period of mandatory or precautionary quarantine or isolation, an employ-
 ee shall be eligible for paid family leave  benefits  and  benefits  due
 pursuant  to  disability  pursuant to this act.  An employer with ten or
 fewer employees as of January 1, 2020, and that  has  a  net  income  of
 greater than one million dollars in the previous tax year, shall provide
 each  employee  who  is subject to a precautionary or mandatory order of
 quarantine or isolation issued by the state of New York, the  department
 of  health,  local  board  of  health,  or  any governmental entity duly
 authorized to issue such order due to COVID-19, at least  five  days  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12052-01-0

 A. 10153                            2
 
 paid  sick leave and unpaid leave until the termination of any mandatory
 or precautionary order of quarantine or isolation.  After such five days
 of paid sick leave, an employee shall be eligible for paid family  leave
 benefits and benefits due pursuant to disability pursuant to this act.
   (b)  For employers with between eleven and ninety-nine employees as of
 January 1, 2020, each employee who is subject to a mandatory or  precau-
 tionary  order  of  quarantine  or  isolation issued by the state of New
 York, the department of health, local board of health,  or  any  govern-
 mental entity duly authorized to issue such order due to COVID-19, shall
 be  provided with at least five days of paid sick leave and unpaid leave
 until the termination of any mandatory or precautionary order of quaran-
 tine or isolation. After such five days of paid sick leave, an  employee
 shall be eligible for paid family leave benefits and benefits due pursu-
 ant to disability pursuant to this act.
   (c)  For employers with one hundred or more employees as of January 1,
 2020, each employee who is subject to a mandatory or precautionary order
 of quarantine or isolation issued by the state of New York, the  depart-
 ment  of  health, local board of health, or any governmental entity duly
 authorized to issue such order due to COVID-19, shall be  provided  with
 at  least  fourteen  days  of  paid  sick  leave during any mandatory or
 precautionary order of quarantine or isolation.
   (d) For public employers, each officer or employee who is subject to a
 mandatory or precautionary order of quarantine or  isolation  issued  by
 the  state of New York, the department of health, local board of health,
 or any governmental entity duly authorized to issue such  order  due  to
 COVID-19  shall  be  provided  with  at least fourteen days of paid sick
 leave during any mandatory  or  precautionary  order  of  quarantine  or
 isolation.   Each officer or employee shall be compensated at his or her
 regular rate of pay for those regular work hours during which the  offi-
 cer  or employee is absent from work due to a mandatory or precautionary
 order of quarantine or isolation due to COVID-19. For purposes  of  this
 act,  "public  employer" shall mean the following: (i)  the state;  (ii)
 a  county, city, town or village; (iii)  a  school  district,  board  of
 cooperative  educational  services,   vocational education and extension
 board or a school district as enumerated in section 1 of   chapter   566
 of  the laws of 1967, as amended; (iv) any governmental entity operating
 a college or university; (v) a public  improvement  or special  district
 including police  or  fire  districts; (vi) a public authority,  commis-
 sion  or  public benefit corporation; or (vii) any  other public  corpo-
 ration, agency, instrumentality or unit of  government  which  exercises
 governmental power under the  laws  of  this state.
   (e) Such leave shall be provided without loss of an officer or employ-
 ee's accrued sick leave.
   2.  For  purposes  of  this  act, "mandatory or precautionary order of
 quarantine or isolation" shall mean a mandatory or  precautionary  order
 of  quarantine or isolation issued by the state of New York, the depart-
 ment of health, local board of health, or  any  government  entity  duly
 authorized to issue such order due to COVID-19.
   3.  Upon return to work following leave taken pursuant to this act, an
 employee shall be restored by his or her employer  to  the  position  of
 employment  held  by  the  employee prior to any leave taken pursuant to
 this act with the same pay and other terms and conditions of employment.
 No employer or his or her agent, or the officer or agent of  any  corpo-
 ration,  partnership, or limited liability company, or any other person,
 shall discharge, threaten, penalize, or in any other manner discriminate

 A. 10153                            3
 
 or retaliate against any employee because such employee has taken  leave
 pursuant to this act.
   4. An employee shall not receive paid sick leave benefits or any other
 paid benefits provided by any provisions of this section if the employee
 is  subject  to a mandatory or precautionary order of quarantine because
 the employee has returned to the United  States  after  traveling  to  a
 country  for  which the Centers for Disease Control and Prevention has a
 level two or three travel health notice and the travel to  that  country
 was  not  taken as part of the employee's employment or at the direction
 of the employee's employer, and if the employee was provided  notice  of
 the  travel  health notice and the limitations of this subdivision prior
 to such travel.  Such employee shall be eligible to  use  accrued  leave
 provided  by  the employer, or to the extent that such employee does not
 have accrued leave or sufficient accrued leave, unpaid sick leave  shall
 be  provided  for the duration of the mandatory or precautionary quaran-
 tine or isolation.
   5. The commissioner of labor  shall  have  authority  to  adopt  regu-
 lations, including emergency regulations, and issue guidance to effectu-
 ate any of the provisions of this act. Employers shall comply with regu-
 lations  promulgated by the commissioner of labor for this purpose which
 may include, but is not limited to, standards for the use, payment,  and
 employee eligibility of sick leave pursuant to this act.
   6.  Notwithstanding  any  other  provision of law, and for purposes of
 this act only, for purposes of article 9 of  the  workers'  compensation
 law,  "disability"  shall  mean: any inability of an employee to perform
 the regular duties of his or her employment or the duties of  any  other
 employment which his or her employer may offer him or her as a result of
 a  mandatory or precautionary order of quarantine or isolation issued by
 the state, the department of health, a local board  of  health,  or  any
 government  entity  duly  authorized to issue such order due to COVID-19
 and when the employee has exhausted all paid sick leave provided by  the
 employee's employer under this act.
   7.  Notwithstanding  subdivision  1  of  section  204  of the workers'
 compensation law, disability benefits payable pursuant to this act shall
 be payable on the first day of disability.
   8. Notwithstanding any other provision of law,  and  for  purposes  of
 this  act  only,  for purposes of article 9 of the workers' compensation
 law, "family leave" shall mean: (a) any leave taken by an employee  from
 work  when  an employee is subject to a mandatory or precautionary order
 of quarantine or isolation  issued  by  the  state,  the  department  of
 health,  a  local board of health, or any government entity duly author-
 ized to issue such order due to COVID-19; or (b) to provide care  for  a
 minor  dependent  child of the employee who is subject to a mandatory or
 precautionary order of quarantine or isolation issued by the state,  the
 department  of health, a local board of health, or any government entity
 duly authorized to issue such order due to COVID-19.
   9. Notwithstanding any other provision of law,  and  for  purposes  of
 this  act  only,  for purposes of article 9 of the workers' compensation
 law, disability and family leave benefits pursuant to this  act  may  be
 payable  concurrently to an eligible employee upon the first full day of
 an unpaid period of mandatory or precautionary order  of  quarantine  or
 isolation  issued  by the state of New York, the department of health, a
 local board of health, or any government entity duly authorized to issue
 such order due to  COVID-19,  provided  however,  an  employee  may  not
 collect  any benefits that would exceed $840.70 in paid family leave and
 $2,043.92 in benefits due pursuant to disability per week.

 A. 10153                            4
 
   10. Notwithstanding any other provision of law, and  for  purposes  of
 this  act  only,  for purposes of article 9 of the workers' compensation
 law, the maximum weekly  benefit  which  the  employee  is  entitled  to
 receive  for benefits due pursuant to disability pursuant to subdivision
 six  of  this  section  only shall be the difference between the maximum
 weekly family leave benefit and such  employee's  total  average  weekly
 wage  from each covered employer up to a maximum benefit due pursuant to
 disability of $2,043.92 per week.
   11. Notwithstanding subdivision 7 of section 590, and subdivision 2 of
 section 607, of the labor law, a claim for benefits under article 18  of
 the  labor  law  due to closure of an employer otherwise subject to this
 section for a reason related to COVID-19 or due to a mandatory order  of
 a  government  entity  duly authorized to issue such order to close such
 employer otherwise subject to this section, shall not be  subject  to  a
 waiting period for a claim for benefits pursuant to such title.
   12.  A  mandatory  or  precautionary  order of quarantine or isolation
 issued by the state, the department of health, a local board of  health,
 or  any  government  entity  duly  authorized to issue such order due to
 COVID-19 shall be sufficient proof of disability or proof  of  need  for
 family leave taken pursuant to this act.
   13.  The  provisions  of  this  act  shall not apply in cases where an
 employee is deemed asymptomatic or has not yet been diagnosed  with  any
 medical condition and is physically able to work while under a mandatory
 or  precautionary  order  of  quarantine  or  isolation, whether through
 remote access or other similar means.
   14. Nothing in this section  shall  be  deemed  to  impede,  infringe,
 diminish or impair the rights of a public employee or employer under any
 law,  rule,  regulation  or  collectively  negotiated  agreement, or the
 rights  and  benefits  which  accrue  to  employees  through  collective
 bargaining agreements, or otherwise diminish the integrity of the exist-
 ing  collective  bargaining  relationship,  or to prohibit any personnel
 action which otherwise would have been taken regardless of  any  request
 to use, or utilization of, any leave provided by this act.
   15.  Notwithstanding  any  inconsistent provision of law, on or before
 June 1, 2020, the superintendent of financial services by regulation, in
 consultation with the director of the state insurance fund and the chair
 of the workers' compensation board of the state, shall promulgate  regu-
 lations necessary for the implementation of a risk adjustment pool to be
 administered  directly  by  the superintendent of financial services, in
 consultation with the director of the state insurance fund and the chair
 of the workers' compensation board of the state.  "Risk adjustment pool"
 as used in this subdivision shall mean the  process  used  to  stabilize
 member  claims  pursuant  to  this act in order to protect insurers from
 disproportionate adverse risks. Disproportionate losses of  any  members
 of the risk adjustment pool in excess of threshold limits established by
 the  superintendent of financial services of the state may be supported,
 if required by the superintendent, by other members of such pool includ-
 ing the state insurance fund in a proportion to  be  determined  by  the
 superintendent.   Any such support provided by members of the pool shall
 be fully repaid, including reasonable interest, through a mechanism  and
 period  of  time  to  be  determined  by the superintendent of financial
 services.
    16.  (a) The superintendent of financial  services,  in  consultation
 with the director of the state insurance fund and the chair of the work-
 ers'  compensation  board  shall  issue  two  reports assessing the risk
 adjustment pool required by this act.

 A. 10153                            5
 
   (b) On or before January 1, 2022, an initial report shall be  provided
 to the speaker of the assembly, the chair of the assembly ways and means
 committee  and  the chair of the assembly labor committee, the temporary
 president of the senate, the chair of the senate finance  committee  and
 the  chair  of  the senate labor committee.  Such report shall  include:
 the total number of claims filed pursuant to this section for (i) family
 leave benefits, and (ii) benefits due to disability, as a  result  of  a
 mandatory  or  precautionary  order  of  quarantine  or isolation due to
 COVID-19; the aggregate amount of paid family leave claims and disabili-
 ty claims; the total amount of the claims  paid  for  out  of  the  risk
 adjustment  pool;  the threshold limits established by the department of
 financial services; and any  other  information  the  superintendent  of
 financial services deems necessary to provide to the legislature.
   (c)  On or before January 1, 2025, a final report shall be provided to
 the speaker of the assembly, the chair of the assembly  ways  and  means
 committee  and  the chair of the assembly labor committee, the temporary
 president of the senate, the chair of the senate finance  committee  and
 the  chair  of the senate labor committee. Such report shall include the
 balance of the risk adjustment pool, if any, the total amount  collected
 through  the repayment mechanism established by the department of finan-
 cial services including interest; and any other information  the  super-
 intendent of financial services deems necessary to provide to the legis-
 lature.    If  there  exists  a balance in the risk adjustment pool, the
 final report shall  provide  a  timeline  by  which  repayment  will  be
 completed.
   17.  If at any point while this section shall be in effect the federal
 government  by  law  or  regulation  provides sick leave and/or employee
 benefits for employees related to COVID-19, then the provisions of  this
 section,  including,  but  not  limited to, paid sick leave, paid family
 leave, and benefits due to disability, shall not  be  available  to  any
 employee  otherwise subject to the provisions of this section; provided,
 however, that if the provisions of this section would have provided sick
 leave and/or employee benefits in excess of the benefits provided by the
 federal government by law or regulation, then  such  employee  shall  be
 able to claim such additional sick leave and/or employee benefits pursu-
 ant  to  the  provisions  of this section in an amount that shall be the
 difference between the benefits available under  this  section  and  the
 benefits available to such employee, if any, as provided by such federal
 law or regulation.
   § 2. This act shall take effect immediately.