The following post clarifying NYS COVID-19 paid leave requirements appeared in NEDPA’s e-newsletter on October 18, 2021. This applies to all NY farm employers so we’re re-posting for everyone to see.
NYS COVID-19 Paid Leave Update
We have been receiving more inquiries from members on COVID-19 exposure and leave requirements. One scenario involved an employee that had tested positive but had already used up their vacation/sick time. After reaching out to NYS Department of Agriculture and Markets and Department of Labor for clarification on COVID-19 leave, we are sharing the guidance and resources they provided below:
Under NYS COVID-19 Paid Leave, an employee can access the benefit on 3 separate occasions (2nd and 3rd time the employee must be positive). If an employee notifies the employer that they were tested, the employer can ask if a precautionary order of quarantine/mandatory isolation order was issued. If the answer is no, the employer can reasonably assume that the employee tested negative. This information is important for the employer to have because it will trigger (potentially) their obligations under the NYS COVID-19 paid leave.
This benefit does not sunset and is to be provided regardless of employee vaccination status.
Helpful Links:
- General Information: New Paid Leave for COVID-19 | Paid Family Leave (ny.gov)
- Guidance for Employers: COVID-19 Paid Leave: Guidance for Employers | Paid Family Leave (ny.gov)
- Here is the Commissioner’s Guidance Letter to Employers dated 1/20/21: Guidance on Use of COVID-19 Sick Leave (ny.gov)
Last week we shared a scenario in which an unvaccinated employee was exposed at home and received a quarantine order. CLICK HERE to read an update from Cornell Agriculture Workforce Development “Essential Employee” Definition Expired: Quarantine Orders Apply to Unvaccinated Farm Employees” for clarification on quarantine requirements.
