NY State Senate Bill 2025-S7598

Senate Bill S7598

2025-2026 Legislative Session

Requires the provision of paid family leave and certain other employee benefits when an employee is under a mandatory or precautionary order of medically-necessary quarantine or isolation

download bill text pdf

Current Bill Status - In Senate Committee Labor Committee

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
Apr 23, 2025	referred to labor

2025-S7598 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Add §203-d, Work Comp L
Versions Introduced in 2023-2024 Legislative Session:: S7989

2025-S7598 (ACTIVE) - Summary

Requires the provision of paid family leave and certain other employee benefits when an employee is under a mandatory or precautionary order of medically-necessary quarantine or isolation issued by the department of health.

2025-S7598 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7598

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to providing
requirements for sick leave and the provision of certain employee bene-
fits when such employee is subject to a mandatory or precautionary order
of medically-necessary quarantine or isolation

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation allows the Department of Health to declare, when neces-
sary, the use of paid leave for medically-necessary quarantine or
isolation, in order to allow New Yorkers to stay home and protect both
their ,own health and the public health without fear of losing income or
employment.

 
SUMMARY OF PROVISIONS:

Section 1 amends the workers compensation law to add new section 203-d:
Paid family leave for medically-necessary quarantine or isolation.

Section 2 states that this act shall take effect immediately.

 
JUSTIFICATION:

Over the past few years, New Yorkers have faced multiple public health
crises and developed innovative solutions to address them. One signif-
icant consequence of these challenging times was the impact of quaran-
tine requirements on New Yorkers who must work outside the home. New
York's Paid Leave for Mandatory and Precautionary Quarantine program
allowed countless New Yorkers to stay home when exposed to COVID-19 and
maintain both job protection and income, while protecting others from
the spread of COVID-19. This model can and should be used to protect
public health in future.

Required quarantine length varies, but a quarantine leave program can be
flexible. Throughout the COVID-19 pandemic, the advised quarantine peri-
od was five to fourteen days in the event of an exposure. When monkeypox
was spreading throughout New York City in spring and summer of 2022, the
quarantine period could be up to three or four weeks.  However, when
people rely on each and every paycheck, these lengthy absences from the
workplace without guaranteed compensation could be the difference
between putting food on the table and going hungry.  When New Yorkers
are forced to choose between a paycheck and their wellbeing, those with
financial difficulties are placed in an impossible situation. While New
York strove to curb the spread of disease by recommending isolation and
limited contact post-exposure to dangerous illnesses, these issues have
posed difficult decisions about health and income for many New Yorkers.

This legislation will allow the Department of Health to implement a paid
leave program when deemed necessary for health and safety. We must use
what we have learned to avoid situations like that of Monkeypox or
COVID-19 spread. At a time when New York's public health response has
been tested, we must take advantage of recently developed frameworks to
prevent disease spread and allow patients to stay quarantined until they
make a full recovery.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S7598 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7598
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation 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 medically-necessary quarantine or isolation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  workers' compensation law is amended by adding a new
 section 203-d to read as follows:
   § 203-D. PAID  FAMILY  LEAVE  FOR  MEDICALLY-NECESSARY  QUARANTINE  OR
 ISOLATION.  1.  (A) FOR ALL EMPLOYERS, EACH EMPLOYEE WHO IS SUBJECT TO A
 MANDATORY OR PRECAUTIONARY ORDER OF  MEDICALLY-NECESSARY  QUARANTINE  OR
 ISOLATION  ISSUED  BY THE DEPARTMENT OF HEALTH SHALL BE PROVIDED WITH AT
 LEAST FIVE DAYS OF PAID SICK LEAVE AND UNPAID  LEAVE  UNTIL  THE  TERMI-
 NATION  OF  ANY  MANDATORY OR PRECAUTIONARY ORDER OF MEDICALLY-NECESSARY
 QUARANTINE OR ISOLATION. AFTER SUCH FIVE DAYS OF  PAID  SICK  LEAVE,  AN
 EMPLOYEE  SHALL  BE ELIGIBLE FOR PAID FAMILY LEAVE BENEFITS AND BENEFITS
 DUE TO DISABILITY PURSUANT TO THIS SECTION.
   (B) EACH EMPLOYEE SHALL BE COMPENSATED AT THEIR REGULAR  RATE  OF  PAY
 FOR  THOSE  REGULAR WORK HOURS DURING WHICH SUCH EMPLOYEE IS ABSENT FROM
 WORK DUE TO A MANDATORY OR PRECAUTIONARY  ORDER  OF  MEDICALLY-NECESSARY
 QUARANTINE OR ISOLATION.
   (C) SUCH LEAVE SHALL BE PROVIDED WITHOUT LOSS OF AN EMPLOYEE'S ACCRUED
 SICK LEAVE.
   2.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "DISABILITY" SHALL MEAN: (I)  ANY  INABILITY  OF  AN  EMPLOYEE  TO
 PERFORM  THE  REGULAR  DUTIES  OF  THEIR EMPLOYMENT OR THE DUTIES OF ANY
 OTHER EMPLOYMENT WHICH THEIR EMPLOYER  MAY  OFFER  SUCH  EMPLOYEE  AS  A
 RESULT  OF  A  MANDATORY  OR  PRECAUTIONARY ORDER OF MEDICALLY-NECESSARY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11756-01-5

 S. 7598                             2
 
 QUARANTINE OR ISOLATION ISSUED BY THE DEPARTMENT  OF  HEALTH;  AND  (II)
 WHEN  THE  EMPLOYEE  HAS  EXHAUSTED  ALL PAID SICK LEAVE PROVIDED BY THE
 EMPLOYEE'S EMPLOYER UNDER THIS SECTION.
   (B) "FAMILY LEAVE" SHALL MEAN: (I) ANY LEAVE TAKEN BY AN EMPLOYEE FROM
 WORK  WHEN  AN EMPLOYEE IS SUBJECT TO A MANDATORY OR PRECAUTIONARY ORDER
 OF MEDICALLY-NECESSARY QUARANTINE OR ISOLATION ISSUED BY THE  DEPARTMENT
 OF  HEALTH;  OR  (II) TO PROVIDE CARE FOR A MINOR DEPENDENT CHILD OF THE
 EMPLOYEE WHO IS SUBJECT TO A MANDATORY OR PRECAUTIONARY ORDER  OF  MEDI-
 CALLY-NECESSARY  QUARANTINE  OR  ISOLATION  ISSUED  BY THE DEPARTMENT OF
 HEALTH.
   (C) "MANDATORY OR PRECAUTIONARY ORDER OF  MEDICALLY-NECESSARY  QUARAN-
 TINE  OR  ISOLATION"  SHALL  MEAN  A MANDATORY OR PRECAUTIONARY ORDER OF
 QUARANTINE OR ISOLATION ISSUED BY THE DEPARTMENT OF  HEALTH  DUE  TO  AN
 OUTBREAK OF CONTAGIOUS DISEASE.
   (D)  "RISK  ADJUSTMENT  POOL" SHALL MEAN THE PROCESS USED TO STABILIZE
 MEMBER CLAIMS PURSUANT TO THIS SECTION IN ORDER TO PROTECT INSURERS FROM
 DISPROPORTIONATE ADVERSE RISKS.
   3. UPON RETURN TO WORK FOLLOWING LEAVE TAKEN PURSUANT TO THIS SECTION,
 AN EMPLOYEE SHALL BE RESTORED BY  THEIR  EMPLOYER  TO  THE  POSITION  OF
 EMPLOYMENT  HELD  BY  THE  EMPLOYEE PRIOR TO ANY LEAVE TAKEN PURSUANT TO
 THIS SECTION WITH THE SAME PAY AND OTHER TERMS AND CONDITIONS OF EMPLOY-
 MENT.  NO EMPLOYER OR THEIR 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 SECTION.
   4. THE COMMISSIONER OF THE DEPARTMENT OF LABOR SHALL HAVE AUTHORITY TO
 ADOPT REGULATIONS, INCLUDING EMERGENCY REGULATIONS, AND  ISSUE  GUIDANCE
 TO  EFFECTUATE  ANY  OF  THE PROVISIONS OF THIS SECTION. EMPLOYERS SHALL
 COMPLY WITH REGULATIONS PROMULGATED BY THE COMMISSIONER OF  THE  DEPART-
 MENT  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 SECTION.
   5.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, AND FOR PURPOSES OF
 THIS SECTION:
   (A) DISABILITY AND FAMILY LEAVE BENEFITS PURSUANT TO THIS SECTION  MAY
 BE  PAYABLE CONCURRENTLY TO AN ELIGIBLE EMPLOYEE UPON THE FIRST FULL DAY
 OF AN UNPAID PERIOD OF MANDATORY OR PRECAUTIONARY ORDER OF MEDICALLY-NE-
 CESSARY QUARANTINE OR ISOLATION ISSUED BY THE DEPARTMENT OF HEALTH.
   (B) THE MAXIMUM WEEKLY BENEFIT  WHICH  THE  EMPLOYEE  IS  ENTITLED  TO
 RECEIVE  FOR  BENEFITS  DUE  TO DISABILITY PURSUANT TO 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 EMPLOY-
 ER.
   6. NOTWITHSTANDING SUBDIVISION ONE OF SECTION TWO HUNDRED FOUR OF THIS
 ARTICLE, DISABILITY BENEFITS PAYABLE PURSUANT TO THIS SECTION  SHALL  BE
 PAYABLE ON THE FIRST DAY OF DISABILITY.
   7.  A  MANDATORY  OR  PRECAUTIONARY  ORDER  OF QUARANTINE OR ISOLATION
 ISSUED BY THE DEPARTMENT OF HEALTH SHALL BE SUFFICIENT PROOF OF DISABIL-
 ITY OR PROOF OF NEED FOR FAMILY LEAVE TAKEN PURSUANT TO THIS SECTION.
   8. THE PROVISIONS OF THIS SECTION 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 MEDICALLY-NECESSARY QUARANTINE  OR  ISOLATION,
 WHETHER THROUGH REMOTE ACCESS OR OTHER SIMILAR MEANS.
 S. 7598                             3
 
   9. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPEDE, INFRINGE, DIMIN-
 ISH 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 AGREE-
 MENTS,  OR  OTHERWISE  DIMINISH THE INTEGRITY OF THE EXISTING 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 SECTION.
   10. (A) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, WITHIN  ONE
 HUNDRED  EIGHTY  DAYS  OF THE EFFECTIVE DATE OF THIS SECTION, THE SUPER-
 INTENDENT OF FINANCIAL SERVICES, IN CONSULTATION WITH THE  DIRECTOR  AND
 THE  CHAIRPERSON,  SHALL PROMULGATE REGULATIONS NECESSARY FOR THE IMPLE-
 MENTATION OF A RISK ADJUSTMENT POOL TO BE ADMINISTERED DIRECTLY  BY  THE
 SUPERINTENDENT  OF FINANCIAL SERVICES, IN CONSULTATION WITH THE DIRECTOR
 AND THE CHAIRPERSON.
   (B) DISPROPORTIONATE LOSSES OF ANY MEMBERS OF THE RISK ADJUSTMENT POOL
 IN EXCESS OF THRESHOLD  LIMITS  ESTABLISHED  BY  THE  SUPERINTENDENT  OF
 FINANCIAL  SERVICES  MAY BE SUPPORTED, IF REQUIRED BY THE SUPERINTENDENT
 OF FINANCIAL SERVICES, BY OTHER MEMBERS OF SUCH POOL INCLUDING THE STATE
 INSURANCE FUND IN A PROPORTION TO BE DETERMINED BY THE SUPERINTENDENT OF
 FINANCIAL SERVICES. ANY SUCH SUPPORT PROVIDED BY  MEMBERS  OF  THE  POOL
 SHALL  BE  FULLY  REPAID, INCLUDING REASONABLE INTEREST, THROUGH A MECH-
 ANISM AND PERIOD OF TIME TO  BE  DETERMINED  BY  THE  SUPERINTENDENT  OF
 FINANCIAL SERVICES.
   11. (A) THE SUPERINTENDENT OF FINANCIAL SERVICES, IN CONSULTATION WITH
 THE  DIRECTOR AND THE CHAIRPERSON, SHALL ISSUE TWO REPORTS ASSESSING THE
 RISK ADJUSTMENT POOL REQUIRED BY SUBDIVISION TEN OF THIS SECTION.
   (B) WITHIN TWO YEARS AFTER THE EFFECTIVE  DATE  OF  THIS  SECTION,  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) BENE-
 FITS DUE TO DISABILITY, AS A RESULT  OF  A  MANDATORY  OR  PRECAUTIONARY
 ORDER  OF  MEDICALLY-NECESSARY  QUARANTINE  OR  ISOLATION; THE AGGREGATE
 AMOUNT OF PAID FAMILY LEAVE CLAIMS  AND  DISABILITY  CLAIMS;  THE  TOTAL
 AMOUNT  OF  THE  CLAIMS  PAID FOR OUT OF THE RISK ADJUSTMENT POOL IMPLE-
 MENTED PURSUANT TO SUBDIVISION TEN OF THIS SECTION; 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) WITHIN FIVE YEARS AFTER THE EFFECTIVE  DATE  OF  THIS  SECTION,  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
 IMPLEMENTED PURSUANT TO SUBDIVISION TEN OF THIS  SECTION,  IF  ANY;  THE
 TOTAL  AMOUNT  COLLECTED  THROUGH THE REPAYMENT MECHANISM ESTABLISHED BY
 THE DEPARTMENT OF FINANCIAL SERVICES, INCLUDING INTEREST; AND ANY  OTHER
 INFORMATION  THE SUPERINTENDENT OF FINANCIAL SERVICES DEEMS NECESSARY TO
 PROVIDE TO THE LEGISLATURE. IF  THERE  EXISTS  A  BALANCE  IN  THE  RISK
 ADJUSTMENT  POOL,  THE  FINAL  REPORT  SHALL PROVIDE A TIMELINE BY WHICH
 REPAYMENT WILL BE COMPLETED.
 S. 7598                             4

   12. 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 OUTBREAKS OF CONTAGIOUS DISEASE,  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 BENE-
 FITS  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  PURSUANT  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 on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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