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New NYSDOH guidance may help rein in COVID-19 paid sick leave

February 2022 employment law letter
Authors: 
Paul J. Sweeney, Coughlin & Gerhart, LLP

At the beginning of the pandemic in 2020, the New York Legislature passed a paid sick leave benefit affording up to 14 days of sick leave. Then, the New York State Department of Labor (NYSDOL) issued guidance in January 2021 that seemed to provide more paid sick leave than required by the COVID-19 paid sick leave law. Starting in late December 2021, the New York State Department of Health (NYSDOH) issued guidance that either eliminated or dramatically reduced the need for COVID-19 paid sick leave, based on guidance from the Centers for Disease Control and Prevention (CDC). Why does this matter? Read on to understand how these recent developments affect your business or agency.

NYS COVID-19 paid sick leave benefit

The COVID-19 paid sick leave law provided a 14-day paid sick leave benefit, effective January 1, 2020, for New York employees depending on the size of the employer:

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