Senate Bill S7250

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7250
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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
   certain employers and requiring certain reports
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 and a new subdivision 17-a  is  added  to  read  as
 follows:
   1.  (a)  For  employers  with  ten or fewer employees as of January 1,
 2020, each employee who is subject to a mandatory or precautionary order
 of quarantine or isolation issued by the state of New York, the  depart-
 ment  of  health, local board of health, or any governmental entity duly
 authorized to issue such order due to COVID-19, shall be  provided  with
 unpaid  sick leave until the termination of any mandatory or precaution-
 ary order of quarantine or isolation due to COVID-19 and any other bene-
 fit as provided by any other provision of law.   During  the  period  of
 mandatory or precautionary quarantine or isolation, an employee shall be
 eligible  for  paid  family  leave benefits and benefits due pursuant to
 disability pursuant to this act.  An employer with ten or fewer  employ-
 ees as of January 1, 2020, and that has a net income of greater than one
 million  dollars  in  the previous tax year, shall provide each employee
 who is subject to a precautionary or mandatory order  of  quarantine  or
 isolation  issued  by  the  state of New York, the department of health,
 local board of health, or any governmental  entity  duly  authorized  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11366-01-3
              

 S. 7250                             2
 
 issue  such order due to COVID-19, at least five days of paid sick leave
 and unpaid leave until the termination of any mandatory or precautionary
 order of quarantine or isolation.   After such five days  of  paid  sick
 leave,  an employee shall be eligible for paid family leave benefits and
 benefits due pursuant to disability pursuant to this act.
   (b) For employers with [between]  eleven  [and  ninety-nine]  OR  MORE
 employees  as  of  January  1,  2020,  each employee who is subject to a
 mandatory or precautionary order of quarantine or  isolation  issued  by
 the  state of New York, the department of health, local board of health,
 or any governmental entity duly authorized to issue such  order  due  to
 COVID-19,  shall  be provided with at least five days of paid sick leave
 and unpaid leave until the termination of any mandatory or precautionary
 order of quarantine or isolation. After such  five  days  of  paid  sick
 leave,  an employee shall be eligible for paid family leave benefits and
 benefits due pursuant to disability pursuant to this act.
   [(c) For employers with one hundred or more employees as of January 1,
 2020, each employee who is subject to a mandatory or precautionary order
 of quarantine or isolation issued by the state of New York, the  depart-
 ment  of  health, local board of health, or any governmental entity duly
 authorized to issue such order due to COVID-19, shall be  provided  with
 at  least  fourteen  days  of  paid  sick  leave during any mandatory or
 precautionary order of quarantine or isolation.
   (d)] (C) For public employers, each officer or employee who is subject
 to a mandatory or precautionary order of quarantine or isolation  issued
 by  the  state  of  New  York,  the department of health, local board of
 health, or any governmental entity duly authorized to issue  such  order
 due  to COVID-19 shall be provided with at least [fourteen] FIVE days of
 paid sick leave during any mandatory or precautionary order  of  quaran-
 tine or isolation.  Each officer or employee shall be compensated at his
 or her regular rate of pay for those regular work hours during which the
 officer  or  employee  is absent from work due to a mandatory or precau-
 tionary order of quarantine or isolation due to COVID-19.  For  purposes
 of this act, "public employer" shall mean the following: (i)  the state;
 (ii)   a   county, city, town or village; (iii) a school district, board
 of cooperative educational services,  vocational education and extension
 board or a school district as enumerated in section 1 of   chapter   566
 of  the laws of 1967, as amended; (iv) any governmental entity operating
 a college or university; (v) a public  improvement  or special  district
 including police  or  fire  districts; (vi) a public authority,  commis-
 sion  or  public benefit corporation; or (vii) any  other public  corpo-
 ration, agency, instrumentality or unit of  government  which  exercises
 governmental power under the  laws  of  this state.
   [(e)]  (D)  Such leave shall be provided without loss of an officer or
 employee's accrued sick leave.
   17-A. (A) ON OR BEFORE APRIL 1, 2024, THE COMMISSIONER  OF  LABOR,  IN
 CONSULTATION  WITH  THE COMMISSIONER OF HEALTH, SHALL SUBMIT A REPORT TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER  OF
 THE ASSEMBLY ON THE NUMBER OF EMPLOYEES WHO WERE PROVIDED UNPAID OR PAID
 SICK LEAVE OR DISABILITY BENEFITS PURSUANT TO THIS ACT.
   (B)  IF  WITHIN  SIXTY DAYS OF RECEIPT OF SUCH REPORT, THE LEGISLATURE
 DOES NOT ADOPT A RESOLUTION DECLARING THE CONTINUED NEED FOR  THE  BENE-
 FITS  PROVIDED  IN  THIS  SECTION,  THIS  ACT SHALL EXPIRE AND BE DEEMED
 REPEALED.
   § 2. This act shall take effect immediately.