March 18, 2020

NYS Announces Plan For New Sick Leave and Paid Leave in Response to COVID-19

Governor Andrew Cuomo announced legislation on March 17, 2020, creating emergency job protections and paid sick leave for workers affected by COVID-19. New York State has reached an agreement that will allow those affected by a government-issued mandatory order of quarantine or isolation for themselves or their minor child due to COVID-19 to seek emergency paid sick leave protections. This means that if your local government has issued a mandatory order of quarantine or isolation, or closed the schools due to Coronavirus, you will be protected. For reference, here are links to New York City and Dutchess County’s Emergency Orders.

This institutes a permanent policy for workers who need to take paid sick leave for themselves or for a family member as a result of the novel coronavirus, if they are subject to a government-order of quarantine or isolation. Those who have been ordered for quarantine, either mandatorily or out of precaution, will be provided with the following:

  • Employers with 10 or fewer employees and a net income less than $1 million will provide job protection for the duration of the quarantine order and guarantee their workers access to Paid Family Leave and disability benefits (short-term disability) for the period of quarantine including wage replacement for their salaries up to $150,000.
  • Employers with 11-99 employees and employers with 10 or fewer employees and a net income greater than $1 million will provide at least 5 days of paid sick leave, job protection for the duration of the quarantine order, and guarantee their workers access to Paid Family Leave and disability benefits (short-term disability) for the period of quarantine including wage replacement for their salaries up to $150,000.
  • Employers with 100 or more employees, as well as all public employers (regardless of number of employees), will provide at least 14 days of paid sick leave and guarantee job protection for the duration of the quarantine order.

This legislation does not apply to everyone who has been impacted by closures. For example, in Dutchess County, private day care facilities have not been ordered to close, yet many have for safety reasons. This means that a parent whose work remains open during the crisis, and whose day care is closed (despite not being ordered to do so), does not necessarily have the protections offered under the proposed new legislation.

We will continue to update this page as the legislation is passed and implemented. You can find additional information about the bill from the Governor’s office, or from A Better Balance

Contact us if you have any questions about how to use or implement these new protections, as the law is enacted.

white line

Antiracism Resources

June 2, 2020
Race Discrimination
Our Firm is saddened and angered by the killings of and violence against Black people by government authorities, as well as efforts to limit peaceful protest. In our legal practice, we fight against race discrimination in the workplace using the law, but these tragic events invite the law to do better now than in the past to provide justice and healing to those affected personally, and to our society as a whole.

The Berke-Weiss Law Weekly Round-Up

May 29, 2020
No items found.
It’s important that we acknowledge that coronavirus has accentuated already deep and persistent issues in employment law in general, and our particular interests, such as pregnancy and parental leave. However, the crisis has only exacerbated them and we hope to call attention to them not simply so we can think about them, but so we can work together to develop tools and other means to make a post-coronavirus world one where workers’ concerns are heard.

Welcome to Berke-Weiss Law Paralegal Margaret Dongyeon Lee!

May 28, 2020
No items found.
Non-disclosure agreements (NDAs) are intended to protect proprietary information from being stolen. Should you sign one? Get help from an employment lawyer.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.