Buffalo, N.Y. (WBEN) - New York Gov. Kathy Hochul has proposed, as part of her budget, an end date to the state requirement employers provide paid leave for those who have COVID-19. The end date is set for July 31.
Employment attorney Kristen Smith says New York State still has a law on the books saying employees are entitled to a certain number of days off, for the period of quarantine, if they have COVID-19. This law dates back to 2020, when the pandemic began. She says there was no end date at the time.
"The latest update is that Gov. Hochul, has introduced a bill as part of her budget package, that would sunset the bill as of July 31 2024. So that's just a clean break," explained Smith in an interview with WBEN.
Smith says that means employees with COVID-19 would use their regular allotment of sick time, as opposed to having paid time off on top of the regular sick time.
Smith says the COVID-19 paid leave requirement is redundant, considering other state laws that are in place.
"It's not just the paid sick leave law. We also have had a Paid Family Leave Law. We have the Federal Family Medical Leave Act," noted Smith.
She adds it's been difficult to administer, because it's not aligned with the way we handle COVID anymore.
"We don't go and get quarantine orders anymore. We don't go and get tested anymore. So it is redundant, and that's why the state's looking at ending the law," Smith said.
Employers have also approached Smith about the law.
"I get so many questions from employers that are confused about this, and, frankly, have staffing issues because every time someone calls and says, 'I have COVID.' You sort of have to trust what they're saying there, although I suppose the law does allow for some documentation to be requested. But, typically someone can just say I have COVID, and then they get either five or up to 14 days off," said Smith, who adds it's turned into a bit of a burden on employers.
