As we previously alerted you, on March 18, 2020 (
here
), New York enacted legislation providing paid leave to employees who are unable to work because the employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 when that order is issued by the State of New York, New York Department of Health, a local board of health or any governmental entity duly authorized to issue a mandatory or precautionary order due to COVID-19 (“NY
Quarantine
Leave
”).
On
April 29, 2020, the New York City Commissioner of Health issued an Order
implementing
a streamlined process for individuals residing or working in New York City to obtain the mandatory isolation order necessary to take NY Quarantine Leave (
here
). Now, individuals can self-identify that they meet the qualifications for a mandatory isolation order in order to take NY Quarantine Leave.
Who may obtain the NYC mandatory isolation order?
An individual working or residing in NYC is eligible to obtain the mandatory isolation order if the individual:
- tested positive for COVID-19; or
- had contact with a known COVID-19 case, and is currently experiencing symptoms but is unable to get a test; or
- meet another qualification for mandatory isolation described by the New York City Department of Health, the New York State Department of Health or the CDC.
How does one obtain the NYC mandatory isolation order?
Employees who qualify for a mandatory isolation order complete the appropriate form (which is attached to the Order) and submit it with any other necessary documentation directly to their employer. In doing so, the employee is “deemed” to have been ordered to isolate by the NYC Department of Health and Mental Hygiene, and therefore eligible for NY Quarantine Leave. While essential employees must submit documentation showing their isolation is necessary, non-essential employees only are required to provide documentation if available.
Interaction with Families First Coronavirus Act
Employees who are eligible for NY Quarantine Leave may also be eligible for benefits under the Families First Coronavirus Response Act (FFCRA). NY Quarantine Leave supplements benefits provided under the FFCRA. As such, employees who would receive greater benefits under the FFCRA are not eligible for NY Quarantine Leave. However, when NY Quarantine Leave provides benefits that exceed the FFCRA benefits, the employee is entitled to the difference between what is available under the FFCRA and what is available under NY Quarantine Leave.
* * *
EGS has developed a form employers can use to gather and maintain the required information for NYS
Quarantine leave or the FFCRA
. If you would like a copy of the form, have questions or would like additional information, please contact EGS’s Employment Law Practice Group Leader, Amanda M. Fugazy at
afugazy@egsllp.com
or the primary EGS attorney with whom you work.
