Is Albany getting ready to end NYS COVID-19 sick leave requirements?

After most other COVID-19 regulations have been ended, either through sunset provisions or action from regulators, the New York State legislature is considering changes to the state's COVID-19 Paid Leave Law. Introduced in the early stages of the pandemic, the law mandates that most employers provide paid leave for individuals under quarantine or isolation orders. The law lacks a sunset provision, making New York one of the few jurisdictions to maintain active COVID-19 paid leave requirements.

The proposed amendments to the law include reducing the mandatory sick leave period from 14 days to 5 for private employers with over 100 employees and public employers. This change could reduce those businesses' financial and operational burdens, allowing for greater workforce flexibility. This would match the obligations of employers with fewer than 100 employees and/or at least $1M in net income. For those employers already obligated to provide 5 days, those requirements would remain in place.

However, perhaps more importantly, the bill proposes that the New York State Department of Labor and the New York State Department of Health produce a report by April 1, 2024, detailing the number of employees who received unpaid or paid sick leave and disability benefits under the law. If the Legislature does not adopt a resolution confirming the ongoing necessity of the sick leave within 60 days of receiving the report, the law will be automatically repealed.

The potential repeal of the law could end the pandemic-related leave requirements, allowing employers to return to pre-pandemic leave structures and policies. However, the bill is in the early stages of the legislative process and must be closely monitored.

HR One will continue to monitor the situation. Contact us with any questions.