Does New York Still Have COVID Paid Leave? What Employees and Employers Need to Know
Yes. New York State’s COVID-19 paid sick leave law remains in effect for eligible employees who are subject to a qualifying mandatory or precautionary quarantine or isolation order. The law does not provide a new, unlimited bank of COVID leave every year, however, and ordinary exposure or a voluntary decision to stay home does not automatically qualify. The amount of leave and pay depends on the employer’s size and, for some small employers, net income. Regular New York State sick leave and New York City sick and safe leave are separate protections.
What New York’s COVID Paid Leave Law Covers
New York enacted special COVID-19 sick leave in March 2020. The law provides job-protected leave for employees who cannot work because they are subject to a qualifying mandatory or precautionary order of quarantine or isolation related to COVID-19. It can cover an order issued by New York State, the New York State Department of Health, a local board of health, or another government entity authorized to issue one.
The law is distinct from the state’s general paid sick leave law. COVID-specific leave is tied to a qualifying order and has its own rules for duration and pay. General sick leave, by contrast, can cover a broader range of health-related needs under New York’s ordinary sick leave requirements.
The key question is not simply whether someone has COVID or was exposed. The employee’s situation must meet the state law’s requirements, including the requirement for a qualifying quarantine or isolation order. Current government health guidance, a doctor’s recommendation, or an employer’s request to stay home may not, by itself, satisfy that requirement.
How Much COVID Leave Can an Employee Receive?
The law sets the amount of COVID-specific leave according to employer size and, for the smallest employers, annual net income. The main categories are:
| Employer category | COVID-specific leave | Pay or benefits |
|---|---|---|
| Public employer, or private employer with 100 or more employees | Up to 14 days | Paid at the employee’s regular rate, subject to the law |
| Private employer with 11–99 employees | Up to 5 days | Paid at the employee’s regular rate; qualifying benefits may apply after the paid days |
| Private employer with 10 or fewer employees and net income over $1 million in the prior tax year | Up to 5 days | Paid at the employee’s regular rate; qualifying benefits may apply after the paid days |
| Private employer with 10 or fewer employees and net income of $1 million or less in the prior tax year | Unpaid job-protected leave | Qualifying disability and paid family leave benefits may be available |
These are statutory categories, not a general promise that every worker receives 14 paid days. Employers should confirm their employee count, applicable income category, and the specific benefit rules. Employees should ask human resources or their employer which category applies and how to submit documentation.
Is COVID Paid Leave Available More Than Once?
Generally, no: New York State’s COVID-specific leave is available once per employee. The state Department of Labor explains that an employee who has already used COVID-19 sick leave is not entitled to a second allotment under this law for a later quarantine or isolation. The law does not reset the employee’s COVID leave bank each calendar year.
This limitation matters when an employee tests positive or is placed under a new isolation order after using the COVID-specific leave. The employee may still have other rights, such as accrued New York State sick leave, employer-provided paid time off, or applicable disability or paid family leave benefits. Whether those options cover a particular absence depends on the facts and the relevant program’s eligibility rules.
Employees should keep track of prior COVID leave use and ask the employer to explain how any remaining leave will be handled. Employers should not describe ordinary sick leave as a second allotment of the special COVID benefit; the two types of leave come from different rules.
What Counts as a Qualifying Quarantine or Isolation Order?
A qualifying order is a mandatory or precautionary quarantine or isolation order issued by an authorized government public health authority. The order must prevent the employee from working, including working remotely, during the covered period. The law’s eligibility rules and the state’s guidance should be reviewed for the employee’s particular circumstances.
A person who chooses to quarantine without an official order, or who is told to stay home only as a precaution by a private individual, may not qualify for the COVID-specific leave. Similarly, someone who can work remotely while under an order may not be entitled to leave for days they are able to perform their job. A healthcare provider’s advice may be relevant, but it is not automatically the same as a government-issued order under the statute.
For a child’s quarantine, an employee may be eligible for leave when the child is subject to a qualifying order and the employee needs to provide care. The state’s rules include conditions for this situation, so an employee should confirm the required order and documentation with the employer or the New York State Department of Labor.
What If an Employee Tests Positive for COVID?
A positive test can be important evidence, but it does not automatically create a new COVID paid leave entitlement. The employee must still meet the law’s applicable order requirement, and the one-time-use limit remains relevant. Public health isolation guidance may change over time, so employees should check current state or local health instructions rather than assume that a test result alone guarantees special paid leave.
If an employee has already used the COVID-specific leave, a later positive test does not ordinarily restore that benefit. The employee may be able to use accrued state or local sick leave, employer-provided paid time off, or another applicable benefit. Employers should also comply with any separate workplace health and safety obligations that apply.
How Pay and Other Benefits Work
For employees entitled to paid COVID leave, the law generally requires payment at the employee’s regular rate of pay for the covered paid days, subject to the applicable statutory limits and employer category. The exact treatment of variable schedules, commissions, or other pay arrangements can require a closer review of the law and agency guidance.
For employees in employer categories that provide fewer than 14 paid days, statutory disability and paid family leave benefits may be available for part of a longer quarantine or isolation period, if the employee meets the applicable requirements. These benefits are not the same as ordinary wages, and eligibility, benefit amounts, and filing procedures differ. Employees should contact the relevant insurer or program administrator promptly and ask the employer how claims are coordinated.
Employees should not assume that unpaid time means job protection disappears. The special statute provides job protection for qualifying leave, including leave that is unpaid under the applicable employer category. The employee generally must be restored to the same or a comparable position after returning, as required by law.
How COVID Leave Differs From New York State Sick Leave
New York State’s general paid sick leave law is separate from the COVID-19 law. Depending on employer size and income, the general law provides employees with up to 40 or 56 hours of sick leave per year. It can be used for covered health needs and other reasons specified by law, including an employee’s or family member’s illness, diagnosis, treatment, or preventive care.
Unlike the special COVID leave, general sick leave is not limited to a government quarantine order. An employee who is sick but does not qualify for COVID-specific leave may be able to use accrued state sick leave, subject to the law’s rules and the employee’s available balance. Employers may also provide more generous leave through a policy or collective bargaining agreement.
New York City has its own paid safe and sick leave requirements. Workers in the city may have rights under both state and city rules, and city leave can cover qualifying reasons beyond COVID quarantine. The precise amount and terms depend on the applicable law and employer. State COVID leave should not be confused with a city sick leave balance.
What Employees Should Do to Request Leave
An employee who believes a government order qualifies should notify the employer as soon as practicable and provide the documentation required by the employer or the applicable program. Useful records can include the order itself, its dates, the issuing public health authority, and information showing that the employee cannot work remotely during the covered period.
- Ask whether the employer has already recorded the employee as having used COVID-specific leave.
- Confirm the employer’s size category and whether the leave is paid or unpaid.
- Keep copies of the quarantine or isolation order, communications, schedules, and pay records.
- Ask whether accrued state or city sick leave can cover any days not covered by the special law.
- For disability or paid family leave benefits, request the appropriate claim instructions promptly.
If an employer denies leave, the employee can request the reason in writing and compare it with New York Department of Labor guidance. Employees may contact the Department of Labor for information about state leave rights. A dispute involving a particular order, pay calculation, or job restoration may require individualized legal advice.
What Employers Should Review
Employers should maintain a clear process for assessing COVID leave requests, documenting prior use, determining the correct statutory category, and keeping required payroll and leave records. A written policy should distinguish the one-time COVID-specific leave from ordinary New York State sick leave, New York City sick leave, and any more generous employer benefit.
Employers should also avoid requiring employees to use accrued vacation or other paid time off in place of statutory COVID leave when the special law applies. Because rules about public health orders and workplace practices can evolve, employers should verify current guidance before denying a request based on a past practice or outdated policy.
Where to Check Current New York Guidance
The most reliable starting point is the New York State paid sick leave program page and the state’s COVID-19 paid sick leave information. The New York City paid safe and sick leave page explains the city’s separate rules. Employees and employers should check these official sources for current forms, eligibility details, and agency updates.
Bottom line: New York still has COVID-specific paid leave, but it is narrow and generally available only once per employee when a qualifying government quarantine or isolation order prevents work. The amount and pay depend on employer category. Employees who do not qualify—or who have already used the special leave—may still have rights under state or city sick leave laws and employer policies.