S.8091/A.10153 – Provides requirements for sick leave and the provision of paid family leave and disability benefits when an employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19. The bill applies to both private and public sector employees.

This bill passed passed the Senate a few hours ago and it is expected to be taken up in the Assembly shortly. The bill will go into effect immediately. Other provisions addressing mandatory sick time policies outside of the COVID-19 crisis are expected to be addressed in the final budget with an implementation date after 180 days.

Major provisions of S.8091/A.10153:

Employers with 1-10 employees:
Employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 will receive unpaid sick days and the ability immediately to qualify for paid family leave and temporary disability benefits, plus full job protection.

Employers with 11-99 employees and employers with 1-10 employees with a net income of $1 million a year:

Employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 will receive five paid sick days and the ability immediately thereafter to qualify for paid family leave and temporary disability benefits, plus full job protection.

Employers with 100 or more employees and all public employees:
Employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 will receive paid sick days for the entirety of the quarantine (up to 14 days), plus full job protection.

Eligibility benefits are void if the employee is quarantined because of travel to a country with a CDC level 2 or 3 travel health notice, if the employee was provided with the travel health notice and was not travelling on work related matters. The waiting period  for eligibility is waived, and employees are entitled to job protection.  Provisions do not apply when employee under quarantine is  asymptomatic or hasn’t been diagnosed and is physically able to work through remote access.

Finally, if federal regulation or law provides sick leave and benefits related to  COVID-19, the Act does not apply unless the State benefits would be in excess of federal benefits – then the employee can claim the difference.