NY State Senate Bill 2023-S7989

Senate Bill S7989

2023-2024 Legislative Session

Requires the provision of paid family leave and certain other employee benefits when an employee is under a mandatory or precautionary order of medically-necessary quarantine or isolation

download bill text pdf

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 04, 2024	referred to labor

2023-S7989 (ACTIVE) - Details

See Assembly Version of this Bill:: A8201
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Add §203-d, Work Comp L
Versions Introduced in 2025-2026 Legislative Session:: S7598

2023-S7989 (ACTIVE) - Summary

Requires the provision of paid family leave and certain other employee benefits when an employee is under a mandatory or precautionary order of medically-necessary quarantine or isolation issued by the department of health.

2023-S7989 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7989

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation 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 medically-necessary quarantine or isolation

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation allows the Department of Health to declare, when neces-
sary, the use of paid leave for medically-necessary quarantine or
isolation, in order to allow New Yorkers to stay home and protect both
their ,own health and the public health without fear of losing income or
employment.

 
SUMMARY OF PROVISIONS:

Section 1 amends the workers compensation law to add new section 203-d:
Paid family leave for medically-necessary quarantine or isolation.

Section 2 states that this act shall take effect immediately.

 
JUSTIFICATION:

Over the past few years, New Yorkers have faced multiple public health
crises and developed innovative solutions to address them. One signif-
icant consequence of these challenging times was the impact of quaran-
tine requirements on New Yorkers who must work outside the home. New
York's Paid Leave for Mandatory and Precautionary Quarantine program
allowed countless New Yorkers to stay home when exposed to COVID-19 and
maintain both job protection and income, while protecting others from
the spread of COVID-19. This model can and should be used to protect
public health in future.

Required quarantine length varies, but a quarantine leave program can be
flexible. Throughout the COVID-19 pandemic, the advised quarantine peri-
od was five to fourteen days in the event of an exposure. When monkeypox
was spreading throughout New York City in spring and summer of 2022, the
quarantine period could be up to three or four weeks.  However, when
people rely on each and every paycheck, these lengthy absences from the
workplace without guaranteed compensation could be the difference
between putting food on the table and going hungry.  When New Yorkers
are forced to choose between a paycheck and their wellbeing, those with
financial difficulties are placed in an impossible situation. While New
York strove to curb the spread of disease by recommending isolation and
limited contact post-exposure to dangerous illnesses, these issues have
posed difficult decisions about health and income for many New Yorkers.

This legislation will allow the Department of Health to implement a paid
leave program when deemed necessary for health and safety. We must use
what we have learned to avoid situations like that of Monkeypox or
COVID-19 spread. At a time when New York's public health response has
been tested, we must take advantage of recently developed frameworks to
prevent disease spread and allow patients to stay quarantined until they
make a full recovery.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7989 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7989
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation 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 medically-necessary quarantine or isolation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  workers' compensation law is amended by adding a new
 section 203-d to read as follows:
   § 203-D. PAID  FAMILY  LEAVE  FOR  MEDICALLY-NECESSARY  QUARANTINE  OR
 ISOLATION.  1.  (A) FOR ALL EMPLOYERS, EACH EMPLOYEE WHO IS SUBJECT TO A
 MANDATORY OR PRECAUTIONARY ORDER OF  MEDICALLY-NECESSARY  QUARANTINE  OR
 ISOLATION  ISSUED  BY THE DEPARTMENT OF HEALTH SHALL BE PROVIDED WITH AT
 LEAST FIVE DAYS OF PAID SICK LEAVE AND UNPAID  LEAVE  UNTIL  THE  TERMI-
 NATION  OF  ANY  MANDATORY OR PRECAUTIONARY ORDER OF MEDICALLY-NECESSARY
 QUARANTINE OR ISOLATION. AFTER SUCH FIVE DAYS OF  PAID  SICK  LEAVE,  AN
 EMPLOYEE  SHALL  BE ELIGIBLE FOR PAID FAMILY LEAVE BENEFITS AND BENEFITS
 DUE TO DISABILITY PURSUANT TO THIS SECTION.
   (B) EACH EMPLOYEE SHALL BE COMPENSATED AT HIS OR HER REGULAR  RATE  OF
 PAY  FOR  THOSE  REGULAR WORK HOURS DURING WHICH SUCH EMPLOYEE IS ABSENT
 FROM WORK DUE TO A MANDATORY OR PRECAUTIONARY ORDER OF  MEDICALLY-NECES-
 SARY QUARANTINE OR ISOLATION.
   (C) SUCH LEAVE SHALL BE PROVIDED WITHOUT LOSS OF AN EMPLOYEE'S ACCRUED
 SICK LEAVE.
   2.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "DISABILITY" SHALL MEAN: (I)  ANY  INABILITY  OF  AN  EMPLOYEE  TO
 PERFORM THE REGULAR DUTIES OF HIS OR HER EMPLOYMENT OR THE DUTIES OF ANY
 OTHER  EMPLOYMENT  WHICH  HIS  OR HER EMPLOYER MAY OFFER HIM OR HER AS A
 RESULT OF A MANDATORY  OR  PRECAUTIONARY  ORDER  OF  MEDICALLY-NECESSARY
 QUARANTINE  OR  ISOLATION  ISSUED  BY THE DEPARTMENT OF HEALTH; AND (II)
 WHEN THE EMPLOYEE HAS EXHAUSTED ALL PAID  SICK  LEAVE  PROVIDED  BY  THE
 EMPLOYEE'S EMPLOYER UNDER THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13317-01-3
 S. 7989                             2
 
   (B) "FAMILY LEAVE" SHALL MEAN: (I) ANY LEAVE TAKEN BY AN EMPLOYEE FROM
 WORK  WHEN  AN EMPLOYEE IS SUBJECT TO A MANDATORY OR PRECAUTIONARY ORDER
 OF MEDICALLY-NECESSARY QUARANTINE OR ISOLATION ISSUED BY THE  DEPARTMENT
 OF  HEALTH;  OR  (II) TO PROVIDE CARE FOR A MINOR DEPENDENT CHILD OF THE
 EMPLOYEE  WHO  IS SUBJECT TO A MANDATORY OR PRECAUTIONARY ORDER OF MEDI-
 CALLY-NECESSARY QUARANTINE OR ISOLATION  ISSUED  BY  THE  DEPARTMENT  OF
 HEALTH.
   (C)  "MANDATORY  OR PRECAUTIONARY ORDER OF MEDICALLY-NECESSARY QUARAN-
 TINE OR ISOLATION" SHALL MEAN A  MANDATORY  OR  PRECAUTIONARY  ORDER  OF
 QUARANTINE  OR  ISOLATION  ISSUED  BY THE DEPARTMENT OF HEALTH DUE TO AN
 OUTBREAK OF CONTAGIOUS DISEASE.
   (D) "RISK ADJUSTMENT POOL" SHALL MEAN THE PROCESS  USED  TO  STABILIZE
 MEMBER CLAIMS PURSUANT TO THIS SECTION IN ORDER TO PROTECT INSURERS FROM
 DISPROPORTIONATE ADVERSE RISKS.
   3. UPON RETURN TO WORK FOLLOWING LEAVE TAKEN PURSUANT TO THIS SECTION,
 AN  EMPLOYEE SHALL BE RESTORED BY HIS OR HER EMPLOYER TO THE POSITION OF
 EMPLOYMENT HELD BY THE EMPLOYEE PRIOR TO ANY  LEAVE  TAKEN  PURSUANT  TO
 THIS SECTION WITH THE SAME PAY AND OTHER TERMS AND CONDITIONS OF EMPLOY-
 MENT.    NO EMPLOYER OR HIS OR HER AGENT, OR THE OFFICER OR AGENT OF ANY
 CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY  COMPANY,  OR  ANY  OTHER
 PERSON,  SHALL  DISCHARGE,  THREATEN,  PENALIZE,  OR IN ANY OTHER MANNER
 DISCRIMINATE OR RETALIATE AGAINST ANY EMPLOYEE BECAUSE SUCH EMPLOYEE HAS
 TAKEN LEAVE PURSUANT TO THIS SECTION.
   4. THE COMMISSIONER OF THE DEPARTMENT OF LABOR SHALL HAVE AUTHORITY TO
 ADOPT REGULATIONS, INCLUDING EMERGENCY REGULATIONS, AND  ISSUE  GUIDANCE
 TO  EFFECTUATE  ANY  OF  THE PROVISIONS OF THIS SECTION. EMPLOYERS SHALL
 COMPLY WITH REGULATIONS PROMULGATED BY THE COMMISSIONER OF  THE  DEPART-
 MENT  OF  LABOR  FOR THIS PURPOSE, WHICH MAY INCLUDE, BUT IS NOT LIMITED
 TO, STANDARDS FOR THE USE, PAYMENT, AND  EMPLOYEE  ELIGIBILITY  OF  SICK
 LEAVE PURSUANT TO THIS SECTION.
   5.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, AND FOR PURPOSES OF
 THIS SECTION:
   (A) DISABILITY AND FAMILY LEAVE BENEFITS PURSUANT TO THIS SECTION  MAY
 BE  PAYABLE CONCURRENTLY TO AN ELIGIBLE EMPLOYEE UPON THE FIRST FULL DAY
 OF AN UNPAID PERIOD OF MANDATORY OR PRECAUTIONARY ORDER OF MEDICALLY-NE-
 CESSARY QUARANTINE OR ISOLATION ISSUED BY THE DEPARTMENT OF HEALTH.
   (B) THE MAXIMUM WEEKLY BENEFIT  WHICH  THE  EMPLOYEE  IS  ENTITLED  TO
 RECEIVE  FOR  BENEFITS  DUE  TO DISABILITY PURSUANT TO THIS SECTION ONLY
 SHALL BE THE DIFFERENCE BETWEEN THE MAXIMUM WEEKLY FAMILY LEAVE  BENEFIT
 AND  SUCH EMPLOYEE'S TOTAL AVERAGE WEEKLY WAGE FROM EACH COVERED EMPLOY-
 ER.
   6. NOTWITHSTANDING SUBDIVISION ONE OF SECTION TWO HUNDRED FOUR OF THIS
 ARTICLE, DISABILITY BENEFITS PAYABLE PURSUANT TO THIS SECTION  SHALL  BE
 PAYABLE ON THE FIRST DAY OF DISABILITY.
   7.  A  MANDATORY  OR  PRECAUTIONARY  ORDER  OF QUARANTINE OR ISOLATION
 ISSUED BY THE DEPARTMENT OF HEALTH SHALL BE SUFFICIENT PROOF OF DISABIL-
 ITY OR PROOF OF NEED FOR FAMILY LEAVE TAKEN PURSUANT TO THIS SECTION.
   8. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IN  CASES  WHERE  AN
 EMPLOYEE  IS  DEEMED ASYMPTOMATIC OR HAS NOT YET BEEN DIAGNOSED WITH ANY
 MEDICAL CONDITION AND IS PHYSICALLY ABLE TO WORK WHILE UNDER A MANDATORY
 OR PRECAUTIONARY ORDER OF MEDICALLY-NECESSARY QUARANTINE  OR  ISOLATION,
 WHETHER THROUGH REMOTE ACCESS OR OTHER SIMILAR MEANS.
   9. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPEDE, INFRINGE, DIMIN-
 ISH OR IMPAIR THE RIGHTS OF A PUBLIC EMPLOYEE OR EMPLOYER UNDER ANY LAW,
 RULE, REGULATION OR COLLECTIVELY NEGOTIATED AGREEMENT, OR THE RIGHTS AND
 BENEFITS  WHICH ACCRUE TO EMPLOYEES THROUGH COLLECTIVE BARGAINING AGREE-
 S. 7989                             3
 
 MENTS, OR OTHERWISE DIMINISH THE INTEGRITY OF  THE  EXISTING  COLLECTIVE
 BARGAINING  RELATIONSHIP,  OR  TO  PROHIBIT  ANY  PERSONNEL ACTION WHICH
 OTHERWISE WOULD HAVE BEEN TAKEN REGARDLESS OF ANY  REQUEST  TO  USE,  OR
 UTILIZATION OF, ANY LEAVE PROVIDED BY THIS SECTION.
   10.  (A) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, WITHIN ONE
 HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS  SECTION,  THE  SUPER-
 INTENDENT  OF  FINANCIAL SERVICES, IN CONSULTATION WITH THE DIRECTOR AND
 THE CHAIRMAN, SHALL PROMULGATE REGULATIONS NECESSARY FOR THE IMPLEMENTA-
 TION OF A RISK ADJUSTMENT POOL TO BE ADMINISTERED DIRECTLY BY THE SUPER-
 INTENDENT OF FINANCIAL SERVICES, IN CONSULTATION WITH THE  DIRECTOR  AND
 THE CHAIRMAN.
   (B) DISPROPORTIONATE LOSSES OF ANY MEMBERS OF THE RISK ADJUSTMENT POOL
 IN  EXCESS  OF  THRESHOLD  LIMITS  ESTABLISHED  BY THE SUPERINTENDENT OF
 FINANCIAL SERVICES MAY BE SUPPORTED, IF REQUIRED BY  THE  SUPERINTENDENT
 OF FINANCIAL SERVICES, BY OTHER MEMBERS OF SUCH POOL INCLUDING THE STATE
 INSURANCE FUND IN A PROPORTION TO BE DETERMINED BY THE SUPERINTENDENT OF
 FINANCIAL  SERVICES.  ANY  SUCH  SUPPORT PROVIDED BY MEMBERS OF THE POOL
 SHALL BE FULLY REPAID, INCLUDING REASONABLE INTEREST,  THROUGH  A  MECH-
 ANISM  AND  PERIOD  OF  TIME  TO  BE DETERMINED BY THE SUPERINTENDENT OF
 FINANCIAL SERVICES.
   11. (A) THE SUPERINTENDENT OF FINANCIAL SERVICES, IN CONSULTATION WITH
 THE DIRECTOR AND THE CHAIRMAN, SHALL ISSUE  TWO  REPORTS  ASSESSING  THE
 RISK ADJUSTMENT POOL REQUIRED BY SUBDIVISION TEN OF THIS SECTION.
   (B)  WITHIN  TWO  YEARS  AFTER  THE EFFECTIVE DATE OF THIS SECTION, AN
 INITIAL REPORT SHALL BE PROVIDED TO THE SPEAKER  OF  THE  ASSEMBLY,  THE
 CHAIR  OF  THE  ASSEMBLY  WAYS  AND MEANS COMMITTEE AND THE CHAIR OF THE
 ASSEMBLY LABOR COMMITTEE, THE TEMPORARY PRESIDENT  OF  THE  SENATE,  THE
 CHAIR OF THE SENATE FINANCE COMMITTEE, AND THE CHAIR OF THE SENATE LABOR
 COMMITTEE.  SUCH  REPORT SHALL INCLUDE: THE TOTAL NUMBER OF CLAIMS FILED
 PURSUANT TO THIS SECTION FOR (I) FAMILY LEAVE BENEFITS, AND  (II)  BENE-
 FITS  DUE  TO  DISABILITY,  AS  A RESULT OF A MANDATORY OR PRECAUTIONARY
 ORDER OF MEDICALLY-NECESSARY  QUARANTINE  OR  ISOLATION;  THE  AGGREGATE
 AMOUNT  OF  PAID  FAMILY  LEAVE  CLAIMS AND DISABILITY CLAIMS; THE TOTAL
 AMOUNT OF THE CLAIMS PAID FOR OUT OF THE  RISK  ADJUSTMENT  POOL  IMPLE-
 MENTED PURSUANT TO SUBDIVISION TEN OF THIS SECTION; THE THRESHOLD LIMITS
 ESTABLISHED  BY  THE  DEPARTMENT  OF  FINANCIAL  SERVICES; AND ANY OTHER
 INFORMATION THE SUPERINTENDENT OF FINANCIAL SERVICES DEEMS NECESSARY  TO
 PROVIDE TO THE LEGISLATURE.
   (C)  WITHIN  FIVE  YEARS  AFTER  THE EFFECTIVE DATE OF THIS SECTION, A
 FINAL REPORT SHALL BE PROVIDED TO THE SPEAKER OF THE ASSEMBLY, THE CHAIR
 OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE CHAIR OF  THE  ASSEMBLY
 LABOR COMMITTEE, THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR OF THE
 SENATE  FINANCE  COMMITTEE, AND THE CHAIR OF THE SENATE LABOR COMMITTEE.
 SUCH REPORT SHALL INCLUDE: THE  BALANCE  OF  THE  RISK  ADJUSTMENT  POOL
 IMPLEMENTED  PURSUANT  TO  SUBDIVISION  TEN OF THIS SECTION, IF ANY; THE
 TOTAL AMOUNT COLLECTED THROUGH THE REPAYMENT  MECHANISM  ESTABLISHED  BY
 THE  DEPARTMENT OF FINANCIAL SERVICES, INCLUDING INTEREST; AND ANY OTHER
 INFORMATION THE SUPERINTENDENT OF FINANCIAL SERVICES DEEMS NECESSARY  TO
 PROVIDE  TO  THE  LEGISLATURE.  IF  THERE  EXISTS  A BALANCE IN THE RISK
 ADJUSTMENT POOL, THE FINAL REPORT SHALL  PROVIDE  A  TIMELINE  BY  WHICH
 REPAYMENT WILL BE COMPLETED.
   12.  IF AT ANY POINT WHILE THIS SECTION SHALL BE IN EFFECT THE FEDERAL
 GOVERNMENT BY LAW OR REGULATION  PROVIDES  SICK  LEAVE  AND/OR  EMPLOYEE
 BENEFITS  FOR EMPLOYEES RELATED TO OUTBREAKS OF CONTAGIOUS DISEASE, THEN
 THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO, PAID SICK
 LEAVE, PAID FAMILY LEAVE, AND BENEFITS DUE TO DISABILITY, SHALL  NOT  BE
 S. 7989                             4
 
 AVAILABLE  TO  ANY  EMPLOYEE OTHERWISE SUBJECT TO THE PROVISIONS OF THIS
 SECTION; PROVIDED, HOWEVER, THAT IF THE PROVISIONS OF THIS SECTION WOULD
 HAVE PROVIDED SICK LEAVE AND/OR EMPLOYEE BENEFITS IN EXCESS OF THE BENE-
 FITS  PROVIDED BY THE FEDERAL GOVERNMENT BY LAW OR REGULATION, THEN SUCH
 EMPLOYEE SHALL BE ABLE  TO  CLAIM  SUCH  ADDITIONAL  SICK  LEAVE  AND/OR
 EMPLOYEE  BENEFITS  PURSUANT  TO  THE  PROVISIONS  OF THIS SECTION IN AN
 AMOUNT THAT SHALL BE THE DIFFERENCE BETWEEN THE BENEFITS AVAILABLE UNDER
 THIS SECTION AND THE BENEFITS AVAILABLE TO SUCH  EMPLOYEE,  IF  ANY,  AS
 PROVIDED BY SUCH FEDERAL LAW OR REGULATION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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