Bill Text: NY S08292 | 2019-2020 | General Assembly | Amended

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Bill Title: Provides requirements for sick leave and the provision of certain employee benefits when such employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19, in relation to practices and procedures for documenting mandatory and precautionary orders of quarantine or isolation.

Spectrum: Partisan Bill (Democrat 28-0)

Status: (Introduced - Dead) 2020-05-22 - PRINT NUMBER 8292A [S08292 Detail]

Download: New_York-2019-S08292-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8292--A

                    IN SENATE

                                       May 6, 2020
                                       ___________

        Introduced by Sens. RIVERA, RAMOS -- read twice and ordered printed, and
          when  printed  to  be committed to the Committee on Labor -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend chapter 25 of the laws of 2020,  relating  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 quarantine or isolation  due  to  COVID-19,  in  relation  to
          mandatory  and precautionary orders of quarantine or isolation and the
          provision of certain employee benefits

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  2  of section 1 of chapter 25 of the laws of
     2  2020,  relating  to  providing  requirements  for  sick  leave  and  the
     3  provision  of certain employee benefits when such employee is subject to
     4  a mandatory or precautionary order of quarantine  or  isolation  due  to
     5  COVID-19, is amended to read as follows:
     6    2.  (a) For purposes of this act, "mandatory or precautionary order of
     7  quarantine or isolation" shall mean a mandatory or  precautionary  order
     8  of quarantine or isolation issued by the state of New York, the [depart-
     9  ment]  commissioner of health, local board of health, local health offi-
    10  cer, or any government official or entity [duly] (as any of those  terms
    11  is defined in the public health law) authorized to issue such order, due
    12  to COVID-19.
    13    (b)    Where  an  individual voluntarily participates in precautionary
    14  quarantine, a written agreement or other documentation of  communication
    15  with  an  official or entity listed in this subdivision, or the individ-
    16  ual's attending health care practitioner (licensed, certified, or other-
    17  wise authorized to practice under title  eight  of  the  education  law,
    18  acting  within  the practitioner's lawful scope of practice) that demon-
    19  strates adherence to precautionary quarantine measures shall be  consid-
    20  ered  a  precautionary order of quarantine or isolation for the purposes
    21  of this act. The agreement or documentation shall  set  forth  that  the
    22  individual  is  to  quarantine or isolate and that the individual either

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16336-02-0
        S. 8292--A                          2

     1  tested positive for COVID-19 or is exhibiting symptoms  consistent  with
     2  COVID-19.
     3    The  attending  health care practitioner shall notify the local health
     4  department within the timeframes prescribed under  regulation,  or  when
     5  providing  documentation for quarantine or isolation that occurred prior
     6  to the taking effect of this paragraph, shall notify  the  local  health
     7  department  concurrent  with  or prior to providing the documentation to
     8  the individual or the individual's employer.    Failure  to  notify  the
     9  local health department shall not affect the individual's entitlement to
    10  sick leave under this act.
    11    §  2.  Subdivision  1  of section 1 of chapter 25 of the laws of 2020,
    12  relating to providing requirements for sick leave and the  provision  of
    13  certain  employee  benefits when such employee is subject to a mandatory
    14  or precautionary order of quarantine or isolation due  to  COVID-19,  is
    15  amended by adding a new paragraph (f) to read as follows:
    16    (f)  For  purposes of this act, employees shall be provided sick leave
    17  and other benefits in each instance they  meet  the  qualifications  for
    18  quarantine or isolation due to COVID-19.
    19    § 3. This act shall take effect immediately.