Senate Bill S8292A

2019-2020 Legislative Session

Amends chapter 25 of the laws of 2020, in relation to mandatory and precautionary orders of quarantine or isolation

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Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2020	print number 8292a
May 22, 2020	amend (t) and recommit to labor
May 06, 2020	referred to labor

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S8292 - Details

See Assembly Version of this Bill:: A10466
Current Committee:: Senate Labor
Law Section:: Labor
Laws Affected:: Amd §1, Chap 25 of 2020
Versions Introduced in 2021-2022 Legislative Session:: S4537

2019-S8292 - Summary

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.

2019-S8292 - Sponsor Memo

                                
 
BILL NUMBER: S8292

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend chapter 25 of the laws of 2020, relating to providing
requirements for sick leave and the provision of certain employee bene-
fits 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

 
PURPOSE:

To provide paid sick leave, family leave, temporary disability benefits,
and unemployment insurance for employees subject to precautionary quar-
antine or isolation upon recommendation of a health care practitioner
due to COVID-19.

 
SUMMARY OF PROVISIONS:

Section one: Amends Chapter 25 of the Laws of 2020 so that documentation

by an attending health care practitioner can be considered a "precau-
tionary order of quarantine or isolation" for purposes of eligibility
for paid sick leave, paid family leave, and disability benefits. This
section also requires the attending practitioner to notify the local
health department in a timely manner.

Section two: Immediate effective date

 
JUSTIFICATION:

Chapter 25 of the Laws of 2020 provides paid sick leave, family leave,
temporary disability benefits, and unemployment insurance to individuals
subject to mandatory or precautionary orders of quarantine or isolation
issued by state or local government.  These benefits are critically
important for slowing the spread of COVID-19 by protecting New Yorkers
with COVID-19 symptoms or exposure from having to go to work.  Local
health departments have placed over 70,000 individuals under mandatory
quarantine or isolation due to illness so far. However, the largest
group of individuals impacted by COVID-19 are those identified through
contact tracing either by local health departments or by non-governmen-
tal health care practitioners and who are then asked to take precaution-
ary quarantine measures. Chapter 25, however, only provides benefits to
individuals subject to quarantine or isolation orders specifically by
state or local health departments, not individuals following the recom-
mendation of a non-governmental health care practitioner.

Isolation and quarantine are evidence-based practices for controlling
the spread of highly infectious diseases. Precautionary quarantines
recommended by clinicians allow state and local health departments to
focus limited resources on individuals who require more active monitor-
ing and support. Providing benefits to New Yorkers under practitioner-
recommended quarantine or isolation aligns the law with best practices
for preventing the spread of COVID-19.

 
LEGISLATIVE HISTORY:

None.

 
BUDGET IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The bill takes effect immediately.

2019-S8292 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8292
 
                             I N  S E N A T E
 
                                May 6, 2020
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 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
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 1 of 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, is amended to read as follows:
   2. (A) For purposes of this act, "mandatory or precautionary order  of
 quarantine  or  isolation" shall mean a mandatory or precautionary order
 of quarantine or isolation issued by the state of New York, the [depart-
 ment] COMMISSIONER of health, local board of health, LOCAL HEALTH  OFFI-
 CER,  or any government OFFICIAL OR entity [duly] (AS ANY OF THOSE TERMS
 IS DEFINED IN THE PUBLIC HEALTH LAW) authorized to issue such order, due
 to COVID-19.
   (B)   WHERE AN INDIVIDUAL VOLUNTARILY  PARTICIPATES  IN  PRECAUTIONARY
 QUARANTINE,  A WRITTEN AGREEMENT OR OTHER DOCUMENTATION OF COMMUNICATION
 WITH AN OFFICIAL OR ENTITY LISTED IN THIS SUBDIVISION, OR  THE  INDIVID-
 UAL'S ATTENDING HEALTH CARE PRACTITIONER (LICENSED, CERTIFIED, OR OTHER-
 WISE  AUTHORIZED  TO  PRACTICE  UNDER  TITLE EIGHT OF THE EDUCATION LAW,
 ACTING WITHIN THE PRACTITIONER'S LAWFUL SCOPE OF PRACTICE)  THAT  DEMON-
 STRATES  ADHERENCE TO PRECAUTIONARY QUARANTINE MEASURES SHALL BE CONSID-
 ERED A PRECAUTIONARY ORDER OF QUARANTINE OR ISOLATION FOR  THE  PURPOSES
 OF  THIS  ACT.  THE  AGREEMENT OR DOCUMENTATION SHALL SET FORTH THAT THE
 INDIVIDUAL IS TO QUARANTINE OR ISOLATE AND THAT  THE  INDIVIDUAL  EITHER
 TESTED  POSITIVE  FOR COVID-19 OR IS EXHIBITING SYMPTOMS CONSISTENT WITH
 COVID-19.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16336-01-0

 S. 8292                             2
 
   THE ATTENDING HEALTH CARE PRACTITIONER SHALL NOTIFY THE  LOCAL  HEALTH
 DEPARTMENT  WITHIN  THE  TIMEFRAMES PRESCRIBED UNDER REGULATION, OR WHEN
 PROVIDING DOCUMENTATION FOR QUARANTINE OR ISOLATION THAT OCCURRED  PRIOR
 TO  THE  TAKING  EFFECT OF THIS PARAGRAPH, SHALL NOTIFY THE LOCAL HEALTH
 DEPARTMENT  CONCURRENT  WITH  OR PRIOR TO PROVIDING THE DOCUMENTATION TO
 THE INDIVIDUAL OR THE INDIVIDUAL'S EMPLOYER.    FAILURE  TO  NOTIFY  THE
 LOCAL HEALTH DEPARTMENT SHALL NOT AFFECT THE INDIVIDUAL'S ENTITLEMENT TO
 SICK LEAVE UNDER THIS ACT.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S8292A (ACTIVE) - Details

See Assembly Version of this Bill:: A10466
Current Committee:: Senate Labor
Law Section:: Labor
Laws Affected:: Amd §1, Chap 25 of 2020
Versions Introduced in 2021-2022 Legislative Session:: S4537

2019-S8292A (ACTIVE) - Summary

2019-S8292A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8292a

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend chapter 25 of the laws of 2020, relating to providing
requirements for sick leave and the provision of certain employee bene-
fits 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

 
PURPOSE:

To provide paid sick leave, family leave, temporary disability benefits,
and unemployment insurance for employees subject to precautionary quar-
antine or isolation upon recommendation of a health care practitioner
due to COVID-19 and to clarify that employees shall be provided sick
leave and benefits in each instance they meet the qualifications for
quarantine or isolation for COVID-19.

SUMMARY OF PROVISIONS:

Section one: Amends Chapter 25 of the Laws of 2020 so that documentation
by an attending health care practitioner can be considered a "precau-
tionary order of quarantine or isolation" for purposes of eligibility
for paid sick leave, paid family leave, and disability benefits. This
section also requires the attending practitioner to notify the local
health department in a timely manner.

Section two: Amends Chapter 25 of the Laws of 2020 to clarify that
employees shall be provided sick leave and benefits in each instance
they meet the qualifications for quarantine or isolation for COVID-19.

Section three: Immediate effective date

 
JUSTIFICATION:

Chapter 25 of the Laws of 2020 provides paid sick leave, family leave,
temporary disability benefits, and unemployment insurance to individuals
subject to mandatory or precautionary orders of quarantine or isolation
issued by state or local government. These benefits are critically
important for slowing the spread of COVID-19 by protecting New Yorkers
with COVID-19 symptoms or exposure from having to go to work.

As New York State is reopening regionally post COVID-19, many of our
small businesses, including MWBEs and farmers who did not receive any
PPP funding, are in desperate need of funding to employ and/or pay
staff, purchase inventory, pay rent and utilities to survive the COVID-
19.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State. $100 million dollars from future federal stimulus
funding.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8292A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8292--A
 
                             I N  S E N A T E
 
                                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:
 
   Section  1.  Subdivision  2  of section 1 of 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, is amended to read as follows:
   2.  (A) For purposes of this act, "mandatory or precautionary order of
 quarantine or isolation" shall mean a mandatory or  precautionary  order
 of quarantine or isolation issued by the state of New York, the [depart-
 ment]  COMMISSIONER of health, local board of health, LOCAL HEALTH OFFI-
 CER, or any government OFFICIAL OR entity [duly] (AS ANY OF THOSE  TERMS
 IS DEFINED IN THE PUBLIC HEALTH LAW) authorized to issue such order, due
 to COVID-19.
   (B)    WHERE  AN  INDIVIDUAL VOLUNTARILY PARTICIPATES IN PRECAUTIONARY
 QUARANTINE, A WRITTEN AGREEMENT OR OTHER DOCUMENTATION OF  COMMUNICATION
 WITH  AN  OFFICIAL OR ENTITY LISTED IN THIS SUBDIVISION, OR THE INDIVID-
 UAL'S ATTENDING HEALTH CARE PRACTITIONER (LICENSED, CERTIFIED, OR OTHER-
 WISE AUTHORIZED TO PRACTICE UNDER TITLE  EIGHT  OF  THE  EDUCATION  LAW,
 ACTING  WITHIN  THE PRACTITIONER'S LAWFUL SCOPE OF PRACTICE) THAT DEMON-
 STRATES ADHERENCE TO PRECAUTIONARY QUARANTINE MEASURES SHALL BE  CONSID-
 ERED  A  PRECAUTIONARY ORDER OF QUARANTINE OR ISOLATION FOR THE PURPOSES
 OF THIS ACT. THE AGREEMENT OR DOCUMENTATION SHALL  SET  FORTH  THAT  THE
 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
 
 TESTED POSITIVE FOR COVID-19 OR IS EXHIBITING SYMPTOMS  CONSISTENT  WITH
 COVID-19.
   THE  ATTENDING  HEALTH CARE PRACTITIONER SHALL NOTIFY THE LOCAL HEALTH
 DEPARTMENT WITHIN THE TIMEFRAMES PRESCRIBED UNDER  REGULATION,  OR  WHEN
 PROVIDING  DOCUMENTATION FOR QUARANTINE OR ISOLATION THAT OCCURRED PRIOR
 TO THE TAKING EFFECT OF THIS PARAGRAPH, SHALL NOTIFY  THE  LOCAL  HEALTH
 DEPARTMENT  CONCURRENT  WITH  OR PRIOR TO PROVIDING THE DOCUMENTATION TO
 THE INDIVIDUAL OR THE INDIVIDUAL'S EMPLOYER.    FAILURE  TO  NOTIFY  THE
 LOCAL HEALTH DEPARTMENT SHALL NOT AFFECT THE INDIVIDUAL'S ENTITLEMENT TO
 SICK LEAVE UNDER THIS ACT.
   §  2.  Subdivision  1  of section 1 of 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,  is
 amended by adding a new paragraph (f) to read as follows:
   (F)  FOR  PURPOSES OF THIS ACT, EMPLOYEES SHALL BE PROVIDED SICK LEAVE
 AND OTHER BENEFITS IN EACH INSTANCE THEY  MEET  THE  QUALIFICATIONS  FOR
 QUARANTINE OR ISOLATION DUE TO COVID-19.
   § 3. This act shall take effect immediately.

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Senate Bill S8292A

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

Bill Amendments

co-Sponsors

2019-S8292 - Details

2019-S8292 - Summary

2019-S8292 - Sponsor Memo

2019-S8292 - Bill Text download pdf

co-Sponsors

2019-S8292A (ACTIVE) - Details

2019-S8292A (ACTIVE) - Summary

2019-S8292A (ACTIVE) - Sponsor Memo

2019-S8292A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

Bill Amendments

co-Sponsors

2019-S8292 - Details

2019-S8292 - Summary

2019-S8292 - Sponsor Memo

2019-S8292 - Bill Text download pdf

co-Sponsors

2019-S8292A (ACTIVE) - Details

2019-S8292A (ACTIVE) - Summary

2019-S8292A (ACTIVE) - Sponsor Memo

2019-S8292A (ACTIVE) - Bill Text download pdf

Comments