S08091 Summary:

BILL NOS08091
 
SAME ASSAME AS A10153
 
SPONSORRAMOS
 
COSPNSRCARLUCCI, KENNEDY, KRUEGER
 
MLTSPNSR
 
 
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.
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S08091 Actions:

BILL NOS08091
 
03/18/2020REFERRED TO RULES
03/18/2020ORDERED TO THIRD READING CAL.619
03/18/2020MESSAGE OF NECESSITY - APPROPRIATION
03/18/2020MESSAGE OF NECESSITY - 3 DAY MESSAGE
03/18/2020PASSED SENATE
03/18/2020DELIVERED TO ASSEMBLY
03/18/2020referred to labor
03/18/2020substituted for a10153
03/18/2020ordered to third reading rules cal.14
03/18/2020message of necessity - appropriation
03/18/2020message of necessity - 3 day message
03/18/2020passed assembly
03/18/2020returned to senate
03/18/2020DELIVERED TO GOVERNOR
03/18/2020SIGNED CHAP.25
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S08091 Committee Votes:

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S08091 Floor Votes:

DATE:03/18/2020Assembly Vote  YEA/NAY: 132/3
AbbateYCrespoYGalefYLiftonYPeoples-StokesYSmithY
AbinantiYCrouchYGanttERLiPetriYPerryYSmullenY
ArroyoYCruzYGarbarinoYLupardoYPheffer AmatoYSolagesY
AshbyYCusickYGiglioYMagnarelliYPichardoYStecY
AubryYCymbrowitzYGlickYMalliotakisYPretlowYSteckY
BarclayYDarlingYGoodellYManktelowNOQuartYSternY
BarnwellYDavilaYGottfriedYMcDonaldYRaYStirpeY
BarrettYDe La RosaYGriffinYMcDonoughERRamosYTagueY
BarronERDenDekkerYGuntherYMcMahonYReillyYTaylorY
BenedettoYDeStefanoYHawleyYMikulinYReyesYThieleY
BichotteYDickensERHevesiYMill B YRichardsonYVanelY
BlakeYDilanYHunterYMill MGYRiveraYWalczykY
BlankenbushYDinowitzYHyndmanYMill MLERRodriguezYWalkerY
BrabenecYDiPietroNOJacobsonYMontesanoYRose D YWallaceY
BraunsteinYD'UrsoERJaffeeYMorinelloYRose L YWalshY
BronsonYEichensteinYJean-PierreYMosleyYRozicERWeinsteinER
BuchwaldYEnglebrightYJohnsYNiouYRyanYWeprinY
BurkeYEpsteinYJonesYNolanYSalkaERWilliamsY
ButtenschonYFahyYJoynerYNorrisYSantabarbaraYWoernerY
ByrneYFallYKimYO'DonnellYSayeghYWrightY
ByrnesYFernandezYKolbNOOrtizYSchimmingerERZebrowskiY
CahillYFinchERLalorYOtisYSchmittYMr SpkrY
CarrollYFitzpatrickYLavineYPalmesanoYSeawrightER
ColtonYFriendYLawrenceYPalumboYSimonY
CookYFrontusYLentolYPaulinYSimotasY

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S08091 Memo:

Memo not available
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S08091 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8091
 
                    IN SENATE
 
                                     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:
 
     1    Section 1. 1.(a) For employers with ten or fewer employees as of Janu-
     2  ary 1, 2020, each employee who is subject to a mandatory or  precaution-
     3  ary  order  of  quarantine or isolation issued by the state of New York,
     4  the department of health, local board of  health,  or  any  governmental
     5  entity  duly  authorized  to  issue such order due to COVID-19, shall be
     6  provided with unpaid sick leave until the termination of  any  mandatory
     7  or  precautionary  order  of quarantine or isolation due to COVID-19 and
     8  any other benefit as provided by any other provision of law.  During the
     9  period of mandatory or precautionary quarantine or isolation, an employ-
    10  ee shall be eligible for paid family leave  benefits  and  benefits  due
    11  pursuant  to  disability  pursuant to this act.  An employer with ten or
    12  fewer employees as of January 1, 2020, and that  has  a  net  income  of
    13  greater than one million dollars in the previous tax year, shall provide
    14  each  employee  who  is subject to a precautionary or mandatory order of
    15  quarantine or isolation issued by the state of New York, the  department
    16  of  health,  local  board  of  health,  or  any governmental entity duly
    17  authorized to issue such order due to COVID-19, at least  five  days  of
    18  paid  sick leave and unpaid leave until the termination of any mandatory
    19  or precautionary order of quarantine or isolation.  After such five days
    20  of paid sick leave, an employee shall be eligible for paid family  leave
    21  benefits and benefits due pursuant to disability pursuant to this act.
    22    (b)  For employers with between eleven and ninety-nine employees as of
    23  January 1, 2020, each employee who is subject to a mandatory or  precau-
    24  tionary  order  of  quarantine  or  isolation issued by the state of New
    25  York, the department of health, local board of health,  or  any  govern-
    26  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
 
     1  be  provided with at least five days of paid sick leave and unpaid leave
     2  until the termination of any mandatory or precautionary order of quaran-
     3  tine or isolation. After such five days of paid sick leave, an  employee
     4  shall be eligible for paid family leave benefits and benefits due pursu-
     5  ant to disability pursuant to this act.
     6    (c)  For employers with one hundred or more employees as of January 1,
     7  2020, each employee who is subject to a mandatory or precautionary order
     8  of quarantine or isolation issued by the state of New York, the  depart-
     9  ment  of  health, local board of health, or any governmental entity duly
    10  authorized to issue such order due to COVID-19, shall be  provided  with
    11  at  least  fourteen  days  of  paid  sick  leave during any mandatory or
    12  precautionary order of quarantine or isolation.
    13    (d) For public employers, each officer or employee who is subject to a
    14  mandatory or precautionary order of quarantine or  isolation  issued  by
    15  the  state of New York, the department of health, local board of health,
    16  or any governmental entity duly authorized to issue such  order  due  to
    17  COVID-19  shall  be  provided  with  at least fourteen days of paid sick
    18  leave during any mandatory  or  precautionary  order  of  quarantine  or
    19  isolation.   Each officer or employee shall be compensated at his or her
    20  regular rate of pay for those regular work hours during which the  offi-
    21  cer  or employee is absent from work due to a mandatory or precautionary
    22  order of quarantine or isolation due to COVID-19. For purposes  of  this
    23  act,  "public  employer" shall mean the following: (i)  the state;  (ii)
    24  a  county, city, town or village; (iii)  a  school  district,  board  of
    25  cooperative  educational  services,   vocational education and extension
    26  board or a school district as enumerated in section 1 of   chapter   566
    27  of  the laws of 1967, as amended; (iv) any governmental entity operating
    28  a college or university; (v) a public  improvement  or special  district
    29  including police  or  fire  districts; (vi) a public authority,  commis-
    30  sion  or  public benefit corporation; or (vii) any  other public  corpo-
    31  ration, agency, instrumentality or unit of  government  which  exercises
    32  governmental power under the  laws  of  this state.
    33    (e) Such leave shall be provided without loss of an officer or employ-
    34  ee's accrued sick leave.
    35    2.  For  purposes  of  this  act, "mandatory or precautionary order of
    36  quarantine or isolation" shall mean a mandatory or  precautionary  order
    37  of  quarantine or isolation issued by the state of New York, the depart-
    38  ment of health, local board of health, or  any  government  entity  duly
    39  authorized to issue such order due to COVID-19.
    40    3.  Upon return to work following leave taken pursuant to this act, an
    41  employee shall be restored by his or her employer  to  the  position  of
    42  employment  held  by  the  employee prior to any leave taken pursuant to
    43  this act with the same pay and other terms and conditions of employment.
    44  No employer or his or her agent, or the officer or agent of  any  corpo-
    45  ration,  partnership, or limited liability company, or any other person,
    46  shall discharge, threaten, penalize, or in any other manner discriminate
    47  or retaliate against any employee because such employee has taken  leave
    48  pursuant to this act.
    49    4. An employee shall not receive paid sick leave benefits or any other
    50  paid benefits provided by any provisions of this section if the employee
    51  is  subject  to a mandatory or precautionary order of quarantine because
    52  the employee has returned to the United  States  after  traveling  to  a
    53  country  for  which the Centers for Disease Control and Prevention has a
    54  level two or three travel health notice and the travel to  that  country
    55  was  not  taken as part of the employee's employment or at the direction
    56  of the employee's employer, and if the employee was provided  notice  of

        S. 8091                             3
 
     1  the  travel  health notice and the limitations of this subdivision prior
     2  to such travel.  Such employee shall be eligible to  use  accrued  leave
     3  provided  by  the employer, or to the extent that such employee does not
     4  have  accrued leave or sufficient accrued leave, unpaid sick leave shall
     5  be provided for the duration of the mandatory or  precautionary  quaran-
     6  tine or isolation.
     7    5.  The  commissioner  of  labor  shall  have authority to adopt regu-
     8  lations, including emergency regulations, and issue guidance to effectu-
     9  ate any of the provisions of this act. Employers shall comply with regu-
    10  lations promulgated by the commissioner of labor for this purpose  which
    11  may  include, but is not limited to, standards for the use, payment, and
    12  employee eligibility of sick leave pursuant to this act.
    13    6. Notwithstanding any other provision of law,  and  for  purposes  of
    14  this  act  only,  for purposes of article 9 of the workers' compensation
    15  law, "disability" shall mean: any inability of an  employee  to  perform
    16  the  regular  duties of his or her employment or the duties of any other
    17  employment which his or her employer may offer him or her as a result of
    18  a mandatory or precautionary order of quarantine or isolation issued  by
    19  the  state,  the  department  of health, a local board of health, or any
    20  government entity duly authorized to issue such order  due  to  COVID-19
    21  and  when the employee has exhausted all paid sick leave provided by the
    22  employee's employer under this act.
    23    7. Notwithstanding subdivision  1  of  section  204  of  the  workers'
    24  compensation law, disability benefits payable pursuant to this act shall
    25  be payable on the first day of disability.
    26    8.  Notwithstanding  any  other  provision of law, and for purposes of
    27  this act only, for purposes of article 9 of  the  workers'  compensation
    28  law,  "family leave" shall mean: (a) any leave taken by an employee from
    29  work when an employee is subject to a mandatory or  precautionary  order
    30  of  quarantine  or  isolation  issued  by  the  state, the department of
    31  health, a local board of health, or any government entity  duly  author-
    32  ized  to  issue such order due to COVID-19; or (b) to provide care for a
    33  minor dependent child of the employee who is subject to a  mandatory  or
    34  precautionary  order of quarantine or isolation issued by the state, the
    35  department of health, a local board of health, or any government  entity
    36  duly authorized to issue such order due to COVID-19.
    37    9.  Notwithstanding  any  other  provision of law, and for purposes of
    38  this act only, for purposes of article 9 of  the  workers'  compensation
    39  law,  disability  and  family leave benefits pursuant to this act may be
    40  payable concurrently to an eligible employee upon the first full day  of
    41  an  unpaid  period  of mandatory or precautionary order of quarantine or
    42  isolation issued by the state of New York, the department of  health,  a
    43  local board of health, or any government entity duly authorized to issue
    44  such  order  due  to  COVID-19,  provided  however,  an employee may not
    45  collect any benefits that would exceed $840.70 in paid family leave  and
    46  $2,043.92 in benefits due pursuant to disability per week.
    47    10.  Notwithstanding  any  other provision of law, and for purposes of
    48  this act only, for purposes of article 9 of  the  workers'  compensation
    49  law,  the  maximum  weekly  benefit  which  the  employee is entitled to
    50  receive for benefits due pursuant to disability pursuant to  subdivision
    51  six  of  this  section  only shall be the difference between the maximum
    52  weekly family leave benefit and such  employee's  total  average  weekly
    53  wage  from each covered employer up to a maximum benefit due pursuant to
    54  disability of $2,043.92 per week.
    55    11. Notwithstanding subdivision 7 of section 590, and subdivision 2 of
    56  section 607, of the labor law, a claim for benefits under article 18  of

        S. 8091                             4
 
     1  the  labor  law  due to closure of an employer otherwise subject to this
     2  section for a reason related to COVID-19 or due to a mandatory order  of
     3  a  government  entity  duly authorized to issue such order to close such
     4  employer  otherwise  subject  to this section, shall not be subject to a
     5  waiting period for a claim for benefits pursuant to such title.
     6    12. A mandatory or precautionary  order  of  quarantine  or  isolation
     7  issued  by the state, the department of health, a local board of health,
     8  or any government entity duly authorized to  issue  such  order  due  to
     9  COVID-19  shall  be  sufficient proof of disability or proof of need for
    10  family leave taken pursuant to this act.
    11    13. The provisions of this act shall  not  apply  in  cases  where  an
    12  employee  is  deemed asymptomatic or has not yet been diagnosed with any
    13  medical condition and is physically able to work while under a mandatory
    14  or precautionary order  of  quarantine  or  isolation,  whether  through
    15  remote access or other similar means.
    16    14.  Nothing  in  this  section  shall  be deemed to impede, infringe,
    17  diminish or impair the rights of a public employee or employer under any
    18  law, rule, regulation  or  collectively  negotiated  agreement,  or  the
    19  rights  and  benefits  which  accrue  to  employees  through  collective
    20  bargaining agreements, or otherwise diminish the integrity of the exist-
    21  ing collective bargaining relationship, or  to  prohibit  any  personnel
    22  action  which  otherwise would have been taken regardless of any request
    23  to use, or utilization of, any leave provided by this act.
    24    15. Notwithstanding any inconsistent provision of law,  on  or  before
    25  June 1, 2020, the superintendent of financial services by regulation, in
    26  consultation with the director of the state insurance fund and the chair
    27  of  the workers' compensation board of the state, shall promulgate regu-
    28  lations necessary for the implementation of a risk adjustment pool to be
    29  administered directly by the superintendent of  financial  services,  in
    30  consultation with the director of the state insurance fund and the chair
    31  of the workers' compensation board of the state.  "Risk adjustment pool"
    32  as  used  in  this  subdivision shall mean the process used to stabilize
    33  member claims pursuant to this act in order  to  protect  insurers  from
    34  disproportionate  adverse  risks. Disproportionate losses of any members
    35  of the risk adjustment pool in excess of threshold limits established by
    36  the superintendent of financial services of the state may be  supported,
    37  if required by the superintendent, by other members of such pool includ-
    38  ing  the  state  insurance  fund in a proportion to be determined by the
    39  superintendent.  Any such support provided by members of the pool  shall
    40  be  fully repaid, including reasonable interest, through a mechanism and
    41  period of time to be  determined  by  the  superintendent  of  financial
    42  services.
    43     16.    (a)  The superintendent of financial services, in consultation
    44  with the director of the state insurance fund and the chair of the work-
    45  ers' compensation board shall  issue  two  reports  assessing  the  risk
    46  adjustment pool required by this act.
    47    (b)  On or before January 1, 2022, an initial report shall be provided
    48  to the speaker of the assembly, the chair of the assembly ways and means
    49  committee and the chair of the assembly labor committee,  the  temporary
    50  president  of  the senate, the chair of the senate finance committee and
    51  the chair of the senate labor committee.   Such report shall    include:
    52  the total number of claims filed pursuant to this section for (i) family
    53  leave  benefits,  and  (ii) benefits due to disability, as a result of a
    54  mandatory or precautionary order  of  quarantine  or  isolation  due  to
    55  COVID-19; the aggregate amount of paid family leave claims and disabili-
    56  ty  claims;  the  total  amount  of  the claims paid for out of the risk

        S. 8091                             5
 
     1  adjustment pool; the threshold limits established by the  department  of
     2  financial  services;  and  any  other  information the superintendent of
     3  financial services deems necessary to provide to the legislature.
     4    (c)  On or before January 1, 2025, a final report shall be provided to
     5  the speaker of the assembly, the chair of the assembly  ways  and  means
     6  committee  and  the chair of the assembly labor committee, the temporary
     7  president of the senate, the chair of the senate finance  committee  and
     8  the  chair  of the senate labor committee. Such report shall include the
     9  balance of the risk adjustment pool, if any, the total amount  collected
    10  through  the repayment mechanism established by the department of finan-
    11  cial services including interest; and any other information  the  super-
    12  intendent of financial services deems necessary to provide to the legis-
    13  lature.    If  there  exists  a balance in the risk adjustment pool, the
    14  final report shall  provide  a  timeline  by  which  repayment  will  be
    15  completed.
    16    17.  If at any point while this section shall be in effect the federal
    17  government  by  law  or  regulation  provides sick leave and/or employee
    18  benefits for employees related to COVID-19, then the provisions of  this
    19  section,  including,  but  not  limited to, paid sick leave, paid family
    20  leave, and benefits due to disability, shall not  be  available  to  any
    21  employee  otherwise subject to the provisions of this section; provided,
    22  however, that if the provisions of this section would have provided sick
    23  leave and/or employee benefits in excess of the benefits provided by the
    24  federal government by law or regulation, then  such  employee  shall  be
    25  able to claim such additional sick leave and/or employee benefits pursu-
    26  ant  to  the  provisions  of this section in an amount that shall be the
    27  difference between the benefits available under  this  section  and  the
    28  benefits available to such employee, if any, as provided by such federal
    29  law or regulation.
    30    § 2. This act shall take effect immediately.
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