S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7549
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Labor
 
 AN  ACT  to  amend chapter 25 of the laws of 2020, relating to 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, in relation to
   certain employers and requiring certain reports
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 1 of chapter 25 of the laws of
 2020,  relating  to  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,  is  amended  and  a  new subdivision 17-a is added to read as
 follows:
   1. (a) For employers with ten or fewer  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
 unpaid sick leave until the termination of any mandatory or  precaution-
 ary order of quarantine or isolation due to COVID-19 and any other bene-
 fit  as  provided  by  any other provision of law.  During the period of
 mandatory or precautionary quarantine or isolation, an employee shall be
 eligible for paid family leave benefits and  benefits  due  pursuant  to
 disability  pursuant to this act.  An employer with ten or fewer employ-
 ees 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11366-01-3
              

 A. 7549                             2
 
 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]  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 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 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.
   [(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)] (C) 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] FIVE days of
 paid sick leave during any mandatory or precautionary order  of  quaran-
 tine 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
 officer  or  employee  is absent from work due to a mandatory or precau-
 tionary 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)]  (D)  Such leave shall be provided without loss of an officer or
 employee's accrued sick leave.
   17-A. (A) ON OR BEFORE APRIL 1, 2024, THE COMMISSIONER  OF  LABOR,  IN
 CONSULTATION  WITH  THE COMMISSIONER OF HEALTH, SHALL SUBMIT A REPORT TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER  OF
 THE ASSEMBLY ON THE NUMBER OF EMPLOYEES WHO WERE PROVIDED UNPAID OR PAID
 SICK LEAVE OR DISABILITY BENEFITS PURSUANT TO THIS ACT.
   (B)  IF  WITHIN  SIXTY DAYS OF RECEIPT OF SUCH REPORT, THE LEGISLATURE
 DOES NOT ADOPT A RESOLUTION DECLARING THE CONTINUED NEED FOR  THE  BENE-
 FITS  PROVIDED  IN  THIS  SECTION,  THIS  ACT SHALL EXPIRE AND BE DEEMED
 REPEALED.
   § 2. This act shall take effect immediately.