- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A10153 Summary:
| BILL NO | A10153 |
| SAME AS | SAME AS S08091 |
| SPONSOR | Nolan |
| COSPNSR | Crespo, Heastie, Peoples-Stokes, Weinstein, Abbate, Aubry, Barrett, Blake, Buchwald, Burke, Buttenschon, Cahill, Carroll, Colton, Cook, Cruz, Darling, Davila, De La Rosa, DenDekker, Dinowitz, Englebright, Epstein, Fahy, Fernandez, Gantt, Glick, Gottfried, Griffin, Gunther, Hevesi, Jacobson, Jaffee, Jean-Pierre, Joyner, Kim, Lavine, Lentol, Lifton, Magnarelli, McMahon, Miller MG, Mosley, Niou, O'Donnell, Ortiz, Otis, Paulin, Pichardo, Pretlow, Quart, Ramos, Richardson, Rivera, Rodriguez, Rosenthal D, Rosenthal L, Rozic, Ryan, Sayegh, Seawright, Simon, Simotas, Solages, Steck, Stern, Stirpe, Taylor, Thiele, Vanel, Wallace, Weprin, Williams, Zebrowski, D'Urso, Fall, Bronson, Bichotte, Braunstein, Perry, DeStefano |
| 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. | |
A10153 Floor Votes:
There are no votes for this bill in this legislative session.
Go to topA10153 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
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.
A10153 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 10153 IN ASSEMBLY March 18, 2020 ___________ Introduced by M. of A. NOLAN, CRESPO, HEASTIE, PEOPLES-STOKES, WEIN- STEIN, ABBATE, AUBRY, BARRETT, BLAKE, BUCHWALD, BURKE, BUTTENSCHON, CAHILL, CARROLL, COLTON, COOK, CRUZ, DARLING, DAVILA, DE LA ROSA, DenDEKKER, DINOWITZ, ENGLEBRIGHT, EPSTEIN, FAHY, FERNANDEZ, GANTT, GLICK, GOTTFRIED, GRIFFIN, GUNTHER, HEVESI, JACOBSON, JAFFEE, JEAN-PIERRE, JOYNER, KIM, LAVINE, LENTOL, LIFTON, MAGNARELLI, McMAHON, M. G. MILLER, MOSLEY, NIOU, O'DONNELL, ORTIZ, OTIS, PAULIN, PICHARDO, PRETLOW, QUART, RAMOS, RICHARDSON, RIVERA, RODRIGUEZ, D. ROSENTHAL, L. ROSENTHAL, ROZIC, RYAN, SAYEGH, SEAWRIGHT, SIMON, SIMOTAS, SOLAGES, STECK, STERN, STIRPE, TAYLOR, THIELE, VANEL, WALLACE, WEPRIN, WILLIAMS, ZEBROWSKI, D'URSO, FALL, BRONSON -- (at request of the Governor) -- read once and referred to the Committee on Labor 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12052-01-0A. 10153 2 1 paid sick leave and unpaid leave until the termination of any mandatory 2 or precautionary order of quarantine or isolation. After such five days 3 of paid sick leave, an employee shall be eligible for paid family leave 4 benefits and benefits due pursuant to disability pursuant to this act. 5 (b) For employers with between eleven and ninety-nine employees as of 6 January 1, 2020, each employee who is subject to a mandatory or precau- 7 tionary order of quarantine or isolation issued by the state of New 8 York, the department of health, local board of health, or any govern- 9 mental entity duly authorized to issue such order due to COVID-19, shall 10 be provided with at least five days of paid sick leave and unpaid leave 11 until the termination of any mandatory or precautionary order of quaran- 12 tine or isolation. After such five days of paid sick leave, an employee 13 shall be eligible for paid family leave benefits and benefits due pursu- 14 ant to disability pursuant to this act. 15 (c) For employers with one hundred or more employees as of January 1, 16 2020, each employee who is subject to a mandatory or precautionary order 17 of quarantine or isolation issued by the state of New York, the depart- 18 ment of health, local board of health, or any governmental entity duly 19 authorized to issue such order due to COVID-19, shall be provided with 20 at least fourteen days of paid sick leave during any mandatory or 21 precautionary order of quarantine or isolation. 22 (d) For public employers, each officer or employee who is subject to a 23 mandatory or precautionary order of quarantine or isolation issued by 24 the state of New York, the department of health, local board of health, 25 or any governmental entity duly authorized to issue such order due to 26 COVID-19 shall be provided with at least fourteen days of paid sick 27 leave during any mandatory or precautionary order of quarantine or 28 isolation. Each officer or employee shall be compensated at his or her 29 regular rate of pay for those regular work hours during which the offi- 30 cer or employee is absent from work due to a mandatory or precautionary 31 order of quarantine or isolation due to COVID-19. For purposes of this 32 act, "public employer" shall mean the following: (i) the state; (ii) 33 a county, city, town or village; (iii) a school district, board of 34 cooperative educational services, vocational education and extension 35 board or a school district as enumerated in section 1 of chapter 566 36 of the laws of 1967, as amended; (iv) any governmental entity operating 37 a college or university; (v) a public improvement or special district 38 including police or fire districts; (vi) a public authority, commis- 39 sion or public benefit corporation; or (vii) any other public corpo- 40 ration, agency, instrumentality or unit of government which exercises 41 governmental power under the laws of this state. 42 (e) Such leave shall be provided without loss of an officer or employ- 43 ee's accrued sick leave. 44 2. For purposes of this act, "mandatory or precautionary order of 45 quarantine or isolation" shall mean a mandatory or precautionary order 46 of quarantine or isolation issued by the state of New York, the depart- 47 ment of health, local board of health, or any government entity duly 48 authorized to issue such order due to COVID-19. 49 3. Upon return to work following leave taken pursuant to this act, an 50 employee shall be restored by his or her employer to the position of 51 employment held by the employee prior to any leave taken pursuant to 52 this act with the same pay and other terms and conditions of employment. 53 No employer or his or her agent, or the officer or agent of any corpo- 54 ration, partnership, or limited liability company, or any other person, 55 shall discharge, threaten, penalize, or in any other manner discriminateA. 10153 3 1 or retaliate against any employee because such employee has taken leave 2 pursuant to this act. 3 4. An employee shall not receive paid sick leave benefits or any other 4 paid benefits provided by any provisions of this section if the employee 5 is subject to a mandatory or precautionary order of quarantine because 6 the employee has returned to the United States after traveling to a 7 country for which the Centers for Disease Control and Prevention has a 8 level two or three travel health notice and the travel to that country 9 was not taken as part of the employee's employment or at the direction 10 of the employee's employer, and if the employee was provided notice of 11 the travel health notice and the limitations of this subdivision prior 12 to such travel. Such employee shall be eligible to use accrued leave 13 provided by the employer, or to the extent that such employee does not 14 have accrued leave or sufficient accrued leave, unpaid sick leave shall 15 be provided for the duration of the mandatory or precautionary quaran- 16 tine or isolation. 17 5. The commissioner of labor shall have authority to adopt regu- 18 lations, including emergency regulations, and issue guidance to effectu- 19 ate any of the provisions of this act. Employers shall comply with regu- 20 lations promulgated by the commissioner of labor for this purpose which 21 may include, but is not limited to, standards for the use, payment, and 22 employee eligibility of sick leave pursuant to this act. 23 6. Notwithstanding any other provision of law, and for purposes of 24 this act only, for purposes of article 9 of the workers' compensation 25 law, "disability" shall mean: any inability of an employee to perform 26 the regular duties of his or her employment or the duties of any other 27 employment which his or her employer may offer him or her as a result of 28 a mandatory or precautionary order of quarantine or isolation issued by 29 the state, the department of health, a local board of health, or any 30 government entity duly authorized to issue such order due to COVID-19 31 and when the employee has exhausted all paid sick leave provided by the 32 employee's employer under this act. 33 7. Notwithstanding subdivision 1 of section 204 of the workers' 34 compensation law, disability benefits payable pursuant to this act shall 35 be payable on the first day of disability. 36 8. Notwithstanding any other provision of law, and for purposes of 37 this act only, for purposes of article 9 of the workers' compensation 38 law, "family leave" shall mean: (a) any leave taken by an employee from 39 work when an employee is subject to a mandatory or precautionary order 40 of quarantine or isolation issued by the state, the department of 41 health, a local board of health, or any government entity duly author- 42 ized to issue such order due to COVID-19; or (b) to provide care for a 43 minor dependent child of the employee who is subject to a mandatory or 44 precautionary order of quarantine or isolation issued by the state, the 45 department of health, a local board of health, or any government entity 46 duly authorized to issue such order due to COVID-19. 47 9. 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, disability and family leave benefits pursuant to this act may be 50 payable concurrently to an eligible employee upon the first full day of 51 an unpaid period of mandatory or precautionary order of quarantine or 52 isolation issued by the state of New York, the department of health, a 53 local board of health, or any government entity duly authorized to issue 54 such order due to COVID-19, provided however, an employee may not 55 collect any benefits that would exceed $840.70 in paid family leave and 56 $2,043.92 in benefits due pursuant to disability per week.A. 10153 4 1 10. Notwithstanding any other provision of law, and for purposes of 2 this act only, for purposes of article 9 of the workers' compensation 3 law, the maximum weekly benefit which the employee is entitled to 4 receive for benefits due pursuant to disability pursuant to subdivision 5 six of this section only shall be the difference between the maximum 6 weekly family leave benefit and such employee's total average weekly 7 wage from each covered employer up to a maximum benefit due pursuant to 8 disability of $2,043.92 per week. 9 11. Notwithstanding subdivision 7 of section 590, and subdivision 2 of 10 section 607, of the labor law, a claim for benefits under article 18 of 11 the labor law due to closure of an employer otherwise subject to this 12 section for a reason related to COVID-19 or due to a mandatory order of 13 a government entity duly authorized to issue such order to close such 14 employer otherwise subject to this section, shall not be subject to a 15 waiting period for a claim for benefits pursuant to such title. 16 12. A mandatory or precautionary order of quarantine or isolation 17 issued by the state, the department of health, a local board of health, 18 or any government entity duly authorized to issue such order due to 19 COVID-19 shall be sufficient proof of disability or proof of need for 20 family leave taken pursuant to this act. 21 13. The provisions of this act shall not apply in cases where an 22 employee is deemed asymptomatic or has not yet been diagnosed with any 23 medical condition and is physically able to work while under a mandatory 24 or precautionary order of quarantine or isolation, whether through 25 remote access or other similar means. 26 14. Nothing in this section shall be deemed to impede, infringe, 27 diminish or impair the rights of a public employee or employer under any 28 law, rule, regulation or collectively negotiated agreement, or the 29 rights and benefits which accrue to employees through collective 30 bargaining agreements, or otherwise diminish the integrity of the exist- 31 ing collective bargaining relationship, or to prohibit any personnel 32 action which otherwise would have been taken regardless of any request 33 to use, or utilization of, any leave provided by this act. 34 15. Notwithstanding any inconsistent provision of law, on or before 35 June 1, 2020, the superintendent of financial services by regulation, in 36 consultation with the director of the state insurance fund and the chair 37 of the workers' compensation board of the state, shall promulgate regu- 38 lations necessary for the implementation of a risk adjustment pool to be 39 administered directly by the superintendent of financial services, in 40 consultation with the director of the state insurance fund and the chair 41 of the workers' compensation board of the state. "Risk adjustment pool" 42 as used in this subdivision shall mean the process used to stabilize 43 member claims pursuant to this act in order to protect insurers from 44 disproportionate adverse risks. Disproportionate losses of any members 45 of the risk adjustment pool in excess of threshold limits established by 46 the superintendent of financial services of the state may be supported, 47 if required by the superintendent, by other members of such pool includ- 48 ing the state insurance fund in a proportion to be determined by the 49 superintendent. Any such support provided by members of the pool shall 50 be fully repaid, including reasonable interest, through a mechanism and 51 period of time to be determined by the superintendent of financial 52 services. 53 16. (a) The superintendent of financial services, in consultation 54 with the director of the state insurance fund and the chair of the work- 55 ers' compensation board shall issue two reports assessing the risk 56 adjustment pool required by this act.A. 10153 5 1 (b) On or before January 1, 2022, an initial report shall be provided 2 to the speaker of the assembly, the chair of the assembly ways and means 3 committee and the chair of the assembly labor committee, the temporary 4 president of the senate, the chair of the senate finance committee and 5 the chair of the senate labor committee. Such report shall include: 6 the total number of claims filed pursuant to this section for (i) family 7 leave benefits, and (ii) benefits due to disability, as a result of a 8 mandatory or precautionary order of quarantine or isolation due to 9 COVID-19; the aggregate amount of paid family leave claims and disabili- 10 ty claims; the total amount of the claims paid for out of the risk 11 adjustment pool; the threshold limits established by the department of 12 financial services; and any other information the superintendent of 13 financial services deems necessary to provide to the legislature. 14 (c) On or before January 1, 2025, a final report shall be provided to 15 the speaker of the assembly, the chair of the assembly ways and means 16 committee and the chair of the assembly labor committee, the temporary 17 president of the senate, the chair of the senate finance committee and 18 the chair of the senate labor committee. Such report shall include the 19 balance of the risk adjustment pool, if any, the total amount collected 20 through the repayment mechanism established by the department of finan- 21 cial services including interest; and any other information the super- 22 intendent of financial services deems necessary to provide to the legis- 23 lature. If there exists a balance in the risk adjustment pool, the 24 final report shall provide a timeline by which repayment will be 25 completed. 26 17. If at any point while this section shall be in effect the federal 27 government by law or regulation provides sick leave and/or employee 28 benefits for employees related to COVID-19, then the provisions of this 29 section, including, but not limited to, paid sick leave, paid family 30 leave, and benefits due to disability, shall not be available to any 31 employee otherwise subject to the provisions of this section; provided, 32 however, that if the provisions of this section would have provided sick 33 leave and/or employee benefits in excess of the benefits provided by the 34 federal government by law or regulation, then such employee shall be 35 able to claim such additional sick leave and/or employee benefits pursu- 36 ant to the provisions of this section in an amount that shall be the 37 difference between the benefits available under this section and the 38 benefits available to such employee, if any, as provided by such federal 39 law or regulation. 40 § 2. This act shall take effect immediately.