NY State Senate Bill 2021-S4537

Senate Bill S4537

2021-2022 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Feb 05, 2021	referred to labor

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2021-S4537 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor
Laws Affected:: Amd §1, Chap 25 of 2020
Versions Introduced in 2019-2020 Legislative Session:: S8292

2021-S4537 (ACTIVE) - 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.

2021-S4537 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4537

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 the 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 Pajt
staff, purchase inventory, pay rent and utilities to survive the
COVID19.

 
LEGISLATIVE HISTORY:

2019-2020: S8292A/A10466A Niou

 
FISCAL IMPLICATIONS:

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

2021-S4537 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4537
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sens. RIVERA, ADDABBO, BAILEY, BENJAMIN, BIAGGI, COMRIE,
   GAUGHRAN, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KRUEGER, MAY,  MAYER,
   MYRIE,  PARKER,  PERSAUD,  RAMOS, SALAZAR, SANDERS, SAVINO, SEPULVEDA,
   SERRANO, SKOUFIS, STAVISKY -- 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 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09167-01-1

 S. 4537                             2
 
 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.
   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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