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COVID Pay
Posted by Casandra on Nov. 11, 2022 / Subscribe 8
I was wondering how companies are currently handling paying an employee when they are COVID positive? I do not think NY employees are still mandated to pay the required 5 days. Are you having the employee use sick time, unpaid yet excused time, or having them apply for PFL or DBL through your disability carrier? What if the employee is COVID positive more than one time in a year? Appreciate the assistance.
8 Comments
Lynn
Nov. 15, 2022
NY is still mandating employers to pay COVID pay. The first COVID pay is for 5 days, if they test positive a second time you have to pay COVID pay and if they test positive a third time you have to pay COVID pay. After that we have the employees use their sick time.
ReplyLisa Matte, MLS, MSHRM
Nov. 11, 2022
On the most recent Bond weekly update, this was addressed specifically. Many people are asking about it; you are not alone. It is still in place in NY and is dependent upon the size of the business. (I'm going to assume that your business is subject to the paid five days per event given the information in your question.) There are three events (overall, not per year) that are compensable and not charged to PTO. The first event is for either quarantine (exposure) or isolation (positive). The second two events are for isolation (positive) only. So if a person has a second exposure, that is not covered, but a second or third event of COVID positive would be covered. That means a person is covered for exposure, positive, positive, or positive, positive, positive only. Any other combination means they use their own time if they wish to be paid. (My addition only: There may be non-compensable, non-qualifying exposures between paid event 1 and paid event 2 or between paid event 2 and paid event 3.) When working on an exposure recently, I noticed that the requirements for unvaccinated exposure have changed a bit (again). The definition of fully vaccinated is now having received the initial vaccinations and the most recent updated vaccination recommended for the employee. Please do not take my word for either of these. Sources: Bond webinar: https://www.youtube.com/watch?v=JRh1oxfhEG4 This question begins at 26:00. (The link might take you to a different elapsed time so adjust as necessary to get to 26:00.) CDC definition of fully vaccinated: https://www.cdc.gov/coronavirus/2019-ncov/vaccines/stay-up-to-date.html
ReplyKathy
Nov. 11, 2022
Employers are still required to pay COVID Sick pay up to 3 times per employees and its 5 days if under 100 employees. We require a positive PCR test
ReplyTheresa
Nov. 11, 2022
Hi Casandra, NYS Covid-19 leave is still in effect. I attend a weekly webinar through our attorney's bond, Schoeneck and King, and this was a recent topic as a lot of employers are asking this question. How much time you have to pay is based on the size of your company (up to 14 days). Here is a link to the FAQS: https://paidfamilyleave.ny.gov/new-york-paid-family-leave-covid-19-faqs Hope this helps! Theresa
ReplyTheresa
Nov. 11, 2022
Hi Casandra, NYS Covid-19 leave is still in effect. I attend a weekly webinar through our attorney's bond, Schoeneck and King, and this was a recent topic as a lot of employers are asking this question. How much time you have to pay is based on the size of your company (up to 14 days). Here is a link to the FAQS: https://paidfamilyleave.ny.gov/new-york-paid-family-leave-covid-19-faqs Hope this helps! Theresa
ReplyErin
Nov. 11, 2022
The NYS COVID leave website has a page for employers is a good resource: https://paidfamilyleave.ny.gov/covid-19-paid-leave-guidance-employers In most cases, yes, we are still mandated to pay for COVID leave but there are many factors that are involved in making that determination. I would assume that your business falls into a Medium or Large for how NYS has it carved out on what you need to follow. Our employees move to DBL only if they are still ill and have exhausted their COVID leave time. They also may use PFL if it is for a COVID leave absence that is not protected by NYS COVID leave (i.e caring for a spouse who has COVID since they are not considered as a dependent).
ReplyErin
Nov. 11, 2022
The NYS COVID leave website has a page for employers is a good resource: https://paidfamilyleave.ny.gov/covid-19-paid-leave-guidance-employers In most cases, yes, we are still mandated to pay for COVID leave but there are many factors that are involved in making that determination. I would assume that your business falls into a Medium or Large for how NYS has it carved out on what you need to follow. Our employees move to DBL only if they are still ill and have exhausted their COVID leave time. They also may use PFL if it is for a COVID leave absence that is not protected by NYS COVID leave (i.e caring for a spouse who has COVID since they are not considered as a dependent).
ReplyErin
Nov. 11, 2022
The NYS COVID leave website has a page for employers is a good resource: https://paidfamilyleave.ny.gov/covid-19-paid-leave-guidance-employers In most cases, yes, we are still mandated to pay for COVID leave but there are many factors that are involved in making that determination. I would assume that your business falls into a Medium or Large for how NYS has it carved out on what you need to follow. Our employees move to DBL only if they are still ill and have exhausted their COVID leave time. They also may use PFL if it is for a COVID leave absence that is not protected by NYS COVID leave (i.e caring for a spouse who has COVID since they are not considered as a dependent).
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