NY State Senate Bill 2019-S8091

Senate Bill S8091

Signed By Governor

2019-2020 Legislative Session

Relates to the provision of certain employee benefits when such employee is subject to a mandatory or precautionary order of quarantine or isolation

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Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2020	signed chap.25 delivered to governor returned to senate passed assembly message of necessity - 3 day message message of necessity - appropriation ordered to third reading rules cal.14 substituted for a10153 referred to labor delivered to assembly passed senate message of necessity - 3 day message message of necessity - appropriation ordered to third reading cal.619 referred to rules

Votes

- Mar 18, 2020 - Floor Vote
  S8091
  
  50
  
  Aye
  
  6
  
  Nay
  
  0
  
  Absent
  
  6
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 18, 2020
      
      aye (50)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Parker
      
      Persaud
      
      Ramos
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (6)
      
      Borrello
      
      Gallivan
      
      Helming
      
      Jacobs
      
      Ortt
      
      Robach
      
      excused (6)
      
      Brooks
      
      LaValle
      
      Little
      
      Ranzenhofer
      
      Serino
      
      Seward
  Mar 18, 2020 - Rules Committee Vote
  S8091
  
  15
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Mar 18, 2020
      
      aye (15)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      aye wr (1)
      
      Robach
      
      excused (3)
      
      LaValle
      
      Little
      
      Seward

co-Sponsors

2019-S8091 (ACTIVE) - Details

See Assembly Version of this Bill:: A10153
Law Section:: Labor

2019-S8091 (ACTIVE) - Summary

Provides provisions for certain employee benefits when such employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19.

2019-S8091 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8091

SPONSOR: RAMOS
 
TITLE OF BILL:

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

 
PURPOSE:

To provide sick leave benefits, paid family leave, and benefits due to
disability for employees subject to a mandatory or precautionary order
of quarantine or isolation due to COVID-19.

 
SUMMARY OF PROVISIONS:

The bill provides protections for employees of private and public
employers who are subject to a mandatory or precautionary order of quar-
antine related to COVID-19. For employees working for small employers
(1-10 employees), employees subject to a mandatory or precautionary

order of quarantine or isolation due to COVID-19 will receive unpaid
sick days and the ability immediately to qualify for paid family leave
and temporary disability benefits, plus full job protection. For employ-
ees working for medium sized employers (11-99 employees) and small
employers (1-10 employees) with a net income of $1 million a year,
employees subject to a mandatory or precautionary order of quarantine or
isolation due to COVID-19 will receive five paid sick days and the abil-
ity immediately thereafter to qualify for paid family leave and tempo-
rary disability benefits, plus full job protection. For employees work-
ing for large employers (100 or more employees) and public employees,
employees subject to a mandatory or precautionary order of quarantine or
isolation due to COVID-19 will receive paid sick days for the entirety
of the quarantine (up to 14 days), plus full job protection. All employ-
ees subject to a mandatory or precautionary order of quarantine or
isolation due to COVID-19 are given full job protection during time of
absence. Employees will qualify for paid family leave to care for a
minor dependent child who is subject to a mandatory or precautionary
order of quarantine or isolation due to COVID-19. The Department of
Financial Services will implement a risk adjustment pool to assist in
the stabilization of claims related to paid family leave and temporary
disability benefits.

Section 2 puts the law into effect immediately.

 
EXISTING LAW:

There are currently no provisions for sick leave for private employees
in the law. Current law on paid family leave, temporary disability bene-
fits, and unemployment insurance do not cover mandatory or precautionary
orders of quarantine or isolation due to COVID-19.

 
JUSTIFICATION:

Paid sick leave is one of the most effective tools at protecting public
health and stopping the spread of illnesses. It alleviates the financial
pressure for people that feel they must go to work sick to keep their
job, curbing the spread of their illness to coworkers and commuters. In
light of the unprecedented nature of the COVID-19 outbreak and its
impact on New York workers, this bill guarantees that New York employees
have job-protected paid sick leave and access other benefits during a
mandatory or precautionary order of quarantine or isolation due to
COVID-19. This will provide critical relief to workers and curb the
spread of COVID-19.

 
LEGISLATIVE HISTORY:

None.

 
BUDGET IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The bill takes effect immediately.

2019-S8091 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8091
 
                             I N  S E N A T E
 
                              March 18, 2020
                                ___________
 
 Introduced  by  Sen. RAMOS -- (at request of the Governor) -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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

 S. 8091                             2
 
 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
 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

 S. 8091                             3
 
 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.
   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

 S. 8091                             4
 
 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.
   (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

 S. 8091                             5
 
 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.

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Senate Bill S8091

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Sponsored By

Jessica Ramos