Governor Kathy Hochul approved the Fiscal Year 2025 New York State Budget on April 20, 2024. One of the key budget components impacting employee leave includes sunsetting the New York State COVID-19 paid sick leave. The paid leave obligation will now end on July 31, 2025, extending a year beyond the initial proposal to end the law July 31, 2024.
Many employers have been frustrated with NYS’s COVID-19 paid sick leave since it was passed four years ago. Some are upset with employees taking COVID sick pay for the second or third (maximum) time and others believe the job-protected COVID sick pay days (up to 5 or 14 depending on employer income/size) are not necessary given the NYS general sick pay required (40 or 56 hours per year for employers with 5 or more employees or a net income over $1M), and the paid time off/sick pay they voluntarily provide.
Part of the Governor’s reasoning for proposing the end of the COVID-19 paid sick leave law is the existence of NYS general sick pay and that the new Centers for Disease Control and Prevention guidance on return to work from COVID has changed significantly. Those infected with COVID are now cleared to return to work when symptoms are improving, and any fever is gone without the use of fever-reducing medications. Moreover, the Governor has included expansions of leave for medical issues and disability (first 12 weeks increased over 5 years to match the 2/3 pay of paid family leave) in the budget, which may apply to employees with COVID in the future. Finally, there was some confusion regarding how COVID sick pay law would apply to new employers.
If you have any questions regarding this or any other Labor & Employment law topic, please call Paul F. Keneally at (585) 258-2882 or email pkeneally@underbergkessler.com.