NYS Issues Supplemental COVID-19 Sick Leave Law Guidance

On January 21, 2021, the New York State Department of Labor (DOL) issued supplemental guidance on employer obligations under the State’s COVID-19 Sick Leave Law, which clarifies several points of confusion surrounding the law. While the DOL’s previous guidance remains in effect, the new guidance sets forth the following protocols for administering leave under the law:

1. Employees need not be tested before returning to work after a period of mandatory quarantine or isolation (except for nursing home staff), and an employee should not be tested to discontinue isolation or quarantine.

2. An employee who tests positive after previously completing a period of mandatory quarantine or isolation must not report to work. The employee shall be deemed subject to a mandatory order of isolation and entitled to leave under the COVID-19 Sick Leave Law, even if the employee has already received leave under the law for the first period of quarantine or isolation.

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