Provides 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 practices and procedures for documenting mandatory and precautionary orders of quarantine or isolation.
STATE OF NEW YORK
________________________________________________________________________
8292--A
IN SENATE
May 6, 2020
___________
Introduced by Sens. RIVERA, RAMOS -- read twice and ordered printed, and
when printed to be committed to the Committee on Labor -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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
mandatory and precautionary orders of quarantine or isolation and the
provision of certain employee benefits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 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 to read as follows:
6 2. (a) For purposes of this act, "mandatory or precautionary order of
7 quarantine or isolation" shall mean a mandatory or precautionary order
8 of quarantine or isolation issued by the state of New York, the [depart-
9 ment] commissioner of health, local board of health, local health offi-
10 cer, or any government official or entity [duly] (as any of those terms
11 is defined in the public health law) authorized to issue such order, due
12 to COVID-19.
13 (b) Where an individual voluntarily participates in precautionary
14 quarantine, a written agreement or other documentation of communication
15 with an official or entity listed in this subdivision, or the individ-
16 ual's attending health care practitioner (licensed, certified, or other-
17 wise authorized to practice under title eight of the education law,
18 acting within the practitioner's lawful scope of practice) that demon-
19 strates adherence to precautionary quarantine measures shall be consid-
20 ered a precautionary order of quarantine or isolation for the purposes
21 of this act. The agreement or documentation shall set forth that the
22 individual is to quarantine or isolate and that the individual either
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16336-02-0
S. 8292--A 2
1 tested positive for COVID-19 or is exhibiting symptoms consistent with
2 COVID-19.
3 The attending health care practitioner shall notify the local health
4 department within the timeframes prescribed under regulation, or when
5 providing documentation for quarantine or isolation that occurred prior
6 to the taking effect of this paragraph, shall notify the local health
7 department concurrent with or prior to providing the documentation to
8 the individual or the individual's employer. Failure to notify the
9 local health department shall not affect the individual's entitlement to
10 sick leave under this act.
11 § 2. Subdivision 1 of section 1 of chapter 25 of the laws of 2020,
12 relating to providing requirements for sick leave and the provision of
13 certain employee benefits when such employee is subject to a mandatory
14 or precautionary order of quarantine or isolation due to COVID-19, is
15 amended by adding a new paragraph (f) to read as follows:
16 (f) For purposes of this act, employees shall be provided sick leave
17 and other benefits in each instance they meet the qualifications for
18 quarantine or isolation due to COVID-19.
19 § 3. This act shall take effect immediately.
