Good Question: Paid leave for quarantine

ROCHESTER, N.Y. (WHEC) — We did a story earlier this month letting you know what you can get paid if you test positive and have to quarantine.

There are state rules covering this. However, News10NBC’s Brennan Somers then heard from several people saying their bosses are ignoring the law.

That’s problem because there’s a combination of benefits you’re entitled to If you catch COVID and have to stay home.

The state has a really helpful site detailing all of this. What you get depends on the size of employer and the company’s income.

Here’s one example:

Large businesses with 100 or more employees as of January 1, 2020, must provide your employees with:

1. Job protection for the duration of the order of quarantine or isolation
2. At least 14 days of paid sick leave

Can your employer make you use existing sick leave accruals or other accruals (paid time off) before quarantine leave?

No. NYS says Employers required to provide paid sick leave must provide that leave separate from any accruals.

A viewer who saw our story caught this and followed up saying: A FLX company has over 100 employees and it is refusing to pay employees who come down with COVID and aren’t vaccinated. Where in the law is this stated?

Somers doubled back with the state labor department to confirm. A NYSDOL spokesperson sent this response:

“According to current guidance, if you work for a public employer or an employer with more than 100 employees, you are entitled to at least 14 days of paid sick leave at your regular rate of pay regardless of vaccination status.”

If it’s still a problem, you can file a complaint with NYSDOL.

Another thing to note, an employer cannot retaliate against an employee in any way for exercising their rights to use sick leave.

Employees who believe that they have been retaliated against for exercising their sick leave rights can call NYSDOL’s Anti-Retaliation Unit at 888-52-LABOR or email LSAsk@labor.ny.gov.