Bill Text: NY A07549 | 2023-2024 | General Assembly | Introduced

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Bill Title: Amends provisions relating to certain employers; provides that on or before April 1, 2024, the commissioner of labor, in consultation with the commissioner of health, shall submit a report to the governor, the temporary president of the senate, and the speaker of the assembly on the number of employees who were provided unpaid or paid sick leave or disability benefits.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced) 2024-01-03 - referred to labor [A07549 Detail]

Download: New_York-2023-A07549-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7549

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 25, 2023
                                       ___________

        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Labor

        AN  ACT  to  amend chapter 25 of the laws of 2020, relating to 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, in relation to
          certain employers and requiring certain reports

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of section 1 of chapter 25 of the laws of
     2  2020,  relating  to  providing  requirements  for  sick  leave  and  the
     3  provision  of certain employee benefits when such employee is subject to
     4  a mandatory or precautionary order of quarantine  or  isolation  due  to
     5  COVID-19,  is  amended  and  a  new subdivision 17-a is added to read as
     6  follows:
     7    1. (a) For employers with ten or fewer  employees  as  of  January  1,
     8  2020, each employee who is subject to a mandatory or precautionary order
     9  of  quarantine or isolation issued by the state of New York, the depart-
    10  ment of health, local board of health, or any governmental  entity  duly
    11  authorized  to  issue such order due to COVID-19, shall be provided with
    12  unpaid sick leave until the termination of any mandatory or  precaution-
    13  ary order of quarantine or isolation due to COVID-19 and any other bene-
    14  fit  as  provided  by  any other provision of law.  During the period of
    15  mandatory or precautionary quarantine or isolation, an employee shall be
    16  eligible for paid family leave benefits and  benefits  due  pursuant  to
    17  disability  pursuant to this act.  An employer with ten or fewer employ-
    18  ees as of January 1, 2020, and that has a net income of greater than one
    19  million dollars in the previous tax year, shall  provide  each  employee
    20  who  is  subject  to a precautionary or mandatory order of quarantine or
    21  isolation issued by the state of New York,  the  department  of  health,
    22  local  board  of  health,  or any governmental entity duly authorized to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11366-01-3
        A. 7549                             2

     1  issue such order due to COVID-19, at least five days of paid sick  leave
     2  and unpaid leave until the termination of any mandatory or precautionary
     3  order  of  quarantine  or isolation.   After such five days of paid sick
     4  leave,  an employee shall be eligible for paid family leave benefits and
     5  benefits due pursuant to disability pursuant to this act.
     6    (b) For employers with [between]  eleven  [and  ninety-nine]  or  more
     7  employees  as  of  January  1,  2020,  each employee who is subject to a
     8  mandatory or precautionary order of quarantine or  isolation  issued  by
     9  the  state of New York, the department of health, local board of health,
    10  or any governmental entity duly authorized to issue such  order  due  to
    11  COVID-19,  shall  be provided with at least five days of paid sick leave
    12  and unpaid leave until the termination of any mandatory or precautionary
    13  order of quarantine or isolation. After such  five  days  of  paid  sick
    14  leave,  an employee shall be eligible for paid family leave benefits and
    15  benefits due pursuant to disability pursuant to this act.
    16    [(c) For employers with one hundred or more employees as of January 1,
    17  2020, each employee who is subject to a mandatory or precautionary order
    18  of quarantine or isolation issued by the state of New York, the  depart-
    19  ment  of  health, local board of health, or any governmental entity duly
    20  authorized to issue such order due to COVID-19, shall be  provided  with
    21  at  least  fourteen  days  of  paid  sick  leave during any mandatory or
    22  precautionary order of quarantine or isolation.
    23    (d)] (c) For public employers, each officer or employee who is subject
    24  to a mandatory or precautionary order of quarantine or isolation  issued
    25  by  the  state  of  New  York,  the department of health, local board of
    26  health, or any governmental entity duly authorized to issue  such  order
    27  due  to COVID-19 shall be provided with at least [fourteen] five days of
    28  paid sick leave during any mandatory or precautionary order  of  quaran-
    29  tine or isolation.  Each officer or employee shall be compensated at his
    30  or her regular rate of pay for those regular work hours during which the
    31  officer  or  employee  is absent from work due to a mandatory or precau-
    32  tionary order of quarantine or isolation due to COVID-19.  For  purposes
    33  of this act, "public employer" shall mean the following: (i)  the state;
    34  (ii)   a   county, city, town or village; (iii) a school district, board
    35  of cooperative educational services,  vocational education and extension
    36  board or a school district as enumerated in section 1 of   chapter   566
    37  of  the laws of 1967, as amended; (iv) any governmental entity operating
    38  a college or university; (v) a public  improvement  or special  district
    39  including police  or  fire  districts; (vi) a public authority,  commis-
    40  sion  or  public benefit corporation; or (vii) any  other public  corpo-
    41  ration, agency, instrumentality or unit of  government  which  exercises
    42  governmental power under the  laws  of  this state.
    43    [(e)]  (d)  Such leave shall be provided without loss of an officer or
    44  employee's accrued sick leave.
    45    17-a. (a) On or before April 1, 2024, the commissioner  of  labor,  in
    46  consultation  with  the commissioner of health, shall submit a report to
    47  the governor, the temporary president of the senate, and the speaker  of
    48  the assembly on the number of employees who were provided unpaid or paid
    49  sick leave or disability benefits pursuant to this act.
    50    (b)  If  within  sixty days of receipt of such report, the legislature
    51  does not adopt a resolution declaring the continued need for  the  bene-
    52  fits  provided  in  this  section,  this  act shall expire and be deemed
    53  repealed.
    54    § 2. This act shall take effect immediately.