HIGH RISK ALERT: CDC Changes and New York

Employers: HIGH Risk Alert

What New York Employers Need to Know About the New CDC Guidelines

I read an article earlier this week that touted the new CDC guidelines and had lots of advice about how Employers can and should respond. NOTE NEW YORK EMPLOYERS: These changes do not cover you and following that advice could cost you.

COVID Leave was permanently added to New York Law a couple years ago. To remind everyone, depending on the size of the biz, Employers are required to provide up to 10 days of paid leave to an Employee who is subject to a COVID Order of Isolation or Quarantine. https://paidfamilyleave.ny.gov/covid-19-paid-leave-guidance-employers

Also note that Department of Labor Guidance requires Employers to pay for up to 3 rounds of leave for Employees who test positive for COVID. https://coronavirus.health.ny.gov/system/files/documents/2021/01/guidanceonuseofcovid-19sickleave_0.pdf

Further, the Orders required to qualify for leave are still on the DOH website allowing for Employees to self-affirm that they are entitled to “at least five (5) days…”

https://coronavirus.health.ny.gov/system/files/documents/2022/01/affirmation_of_isolation_011222.pdf

https://coronavirus.health.ny.gov/isolation-quarantine

Until New York changes its quarantine and order policies, Employers cannot just adopt the CDC’s changes.

New Yorkers also need to know that the Workers’ Compensation Board is awarding benefits based upon determinations of COVID contraction in the workplace. This means that Employers need to report suspected incidents. At the same time, cases are winding their way through the courts seeking to hold Employers liable for COVID brought home to others by Employees. Bottom line is that Employers still have an obligation to maintain safe, healthy work environments.

We are all learning to live with COVID and the impact it has had on our workplaces. That does not mean that one size fits all when it comes to required protections. New York Employers have more obligations than most, and need to be wary of generic advice. Especially when it comes to leave entitlements, mistakes can get very expensive, very fast.