Under NYC’s Paid Safe and Sick Leave Law, covered employees can use sick leave:
- For diagnosis, care, or treatment of illness, injury, or health condition or for preventive medical care for employee or anyone employee considers family.
- When a public official closes employee’s business or child’s school or child care provider due to a public health emergency.
Employees may be eligible for 2 additional days as unpaid leave under NYC’s Temporary Schedule Change Law. See the Temporary Work Schedule Change page for more information.
Mandatory Quarantine or Isolation
The federal and state governments passed laws to protect workers. Workers who need an order of quarantine or isolation (COVID-19 Paid Sick Leave Documentation) to give their employers can contact the NYC Department of Health.
Federal Families First Coronavirus Response Act
The federal law was effective from April 2, 2020 through December 31, 2020. Workers may be able to claim federal benefits for sick leave used during this time frame in 2020 even though the law expired. As of January 1, 2021, employers have the option to provide leave and request reimbursement from the federal government; however, there is no federal requirement to provide leave.
The federal law covers businesses with up to 500 full-time and part-time employees. The U.S. Department of Labor has issued regulations exempting certain health care providers, emergency responders, and small businesses (50 or fewer employees) with documented financial difficulties.
- Full-time employees get up to 2 weeks (80 hours) leave.
- Part-time employees get their average hours for a 2-week work period in leave.
The rate of pay depends on the use.
Full-time and part-time employees get their regular rate of pay up to $511 per day (up to $5,110 total) for:
- Mandatory quarantine or isolation
- Doctor-recommended self-quarantine
- Medical diagnosis due to symptoms of COVID-19
Full-time and part-time employees get 2/3 of their regular rate of pay up to $200 per day (up to $2,000 total) for:
- Care for a family member under mandatory or doctor-recommended self-quarantine
- Care for child due to school or child care facility closing or because child care provider unavailable due to COVID-19 (In this situation, workers are eligible for up to an additional 10 weeks of leave at 2/3 pay rate.)
- Any other substantially similar condition as specified by relevant federal agencies
Employees may be eligible for expanded paid or unpaid leave under the Family and Medical Leave Act (FMLA).
You can get more information from the U.S. Department of Labor.
Visit the U.S. Department of Labor website.
New York State Emergency COVID-19 Paid Sick Leave
The state law covers government-ordered quarantine or isolation only.
Note: Workers who used leave in 2020 and were eligible for federal benefits must use them first and may only use state benefits if the state law provides more benefits than what federal law allowed.
Employees get leave for the duration of quarantine or isolation. Rate of pay is based on number of employees and, in some cases, business earnings.
|
| 1-10 | Less than $1 million in prior year | Unpaid (all days) |
| More than $1 million in prior year | Paid (at least 5 days)
Unpaid (remaining days) |
| 11-99 | Not applicable | Paid (at least 5 days)
Unpaid (remaining days) |
| 100+ | Not applicable | Paid (at least 14 days) |
Employees can use Paid Family Leave or disability benefits for the mandatory quarantine or isolation period not covered by sick days paid directly by their employer.
Exception: Workers who voluntarily travel to states designated as high risk cannot access state paid sick leave benefits or other paid benefits under the law.
Learn more about emergency paid sick leave for COVID-19.
