A major ongoing concern among businesses owners is their employees who’ve been exposed or potentially exposed to COVID-19. It’s possible for transmission to happen in the workplace, which is what work-related COVID-19 exposure is all about. The affected employee and all the other staff members who were in the office with them would then have to self-isolate or go on quarantine.

However, there are employees who’ve been exposed or potentially exposed somewhere else outside of work. There are those who get exposed several times, too, and some don’t get well after the initial exposure. You can check here to learn more about workers’ compensation claims you might have to deal with at some point.

To keep your employees’ health in check, here are some benefits you should offer:

Families First Coronavirus Response Act

The Families First Coronavirus Response Act (FFCRA) provides additional requirements for employers who have less than 500 employees. In San Jose and San Francisco, both in California, businesses with more than 500 workers were required to give their employees more leaves. There are differences among these city measures. In general, though, the new city measures require that employees who’ve worked for at least two hours should be allowed by the employer to get paid leave.

Under the Family First Coronavirus Response Act, the federal government provides leaves and benefits to cover employees who are dealing with issues related to COVID-19. The employees who are entitled to leaves and benefits under both federal and state law should take the federal paid leave and disability benefits first.

New York COVID-19 Leave Law Benefits

The basic law in New York that governs COVID-19 contracted by employees under work-related circumstances is the COVID-19 Paid Sick Leave Law or simply called the COVID-19 Leave Law. Under this law, employees who’ve been placed in mandatory quarantine for five days or 14 days shall be eligible for leave with pay. Their paid leave covers the whole period that they were supposed to work were it not for the quarantine. The number of days of paid leave depends on the number of employees the employer has.

Three Quarantine Paid Leaves

In a guidance issued on January 20, 2021, the New York State Department of Labor (NYSDOL) clarified aspects and provisions of New York Law on COVID-19-related mandatory quarantine leaves. The guidance clarified that employees would be qualified to acquire paid leave up to a limit of three times or instances of being ordered to go on mandatory quarantine or self-isolation.

Employees are entitled to paid leave on the first instance that they receive an order to stay in mandatory quarantine or self-isolation. After the first period of being in quarantine, employees can be eligible for an additional period of paid leave if they still test positive for COVID-19.

However, the guidance clarifies that the employee mandated by the employer to go on quarantine or self-isolation should show proof that they tested positive for COVID-19. The employee should test positive for COVID-19 to be able to get the second and third paid leaves. It won’t suffice that the employee was in close contact with someone who tested positive for the disease. That’s only acceptable as the basis for the initial first paid leave on quarantine, but it’s not a valid ground for claiming paid leave for the second and the third paid leaves on quarantine.

When the employee returns to work after a mandatory order of quarantine or isolation, they’re not required to be tested for COVID-19. But if later on they turn out to be positive for it, they shouldn’t report for work. They’d be subjected to a mandatory order of quarantine or isolation again. While on quarantine, they’d be entitled to sick leave as well even if they’d already taken one as a result of the initial period of quarantine or isolation.

To qualify for the second and third paid leaves, the guidance states that an employee should submit a document certifying that they were tested for COVID-19 and the result came out positive. The test should be done by a testing facility that’s duly licensed.

Added Obligations To Pay

The NYSDOL has said that if an employer mandates an employee to stay away from the workplace or not report for work and not be paid, then the employee shall be entitled to their pay for the entire duration that they were told to avoid the workplace.

But if the employee does test positive, they can go on leave with pay. The NYSDOL stated that it doesn’t matter whether the employee was exposed or potentially exposed to COVID-19 in their work premises or somewhere else. These rules on paid leaves for employer-mandated or required quarantine periods apply regardless.

Paid Family and Disability Coverage

On March 14, 2020, New York passed a law that enacts these benefits. The law specified the requirements for sick leaves and other employee benefits when an employee becomes the subject of a mandatory or precautionary order of quarantine or isolation due to COVID-19. Under this law, employees who can’t work because they’re quarantined can get sick leave and are entitled to job protection.

For those employed in a company with less than 100 employees, if they’re receiving less than 14 days of paid quarantine leaves, the new law authorizes them to use the New York Paid Family Leave. The law also expanded the eligibility for disability benefits for the duration when the quarantine order is in place. It expanded the definition of disability, too, so it now includes ‘any inability’ to perform regular duties of employment or any other task an employer may require because of a mandatory or precautionary order of quarantine or isolation due to COVID-19.

Conclusion

The COVID-19 pandemic has affected a lot of businesses, employers, and employees. Many workers were laid off, while others were asked not to come to the office and work from home instead. Whether your employees are still doing remote work or not, see to it that you provide them with the right benefits so they can stay healthy, retain their productivity, and continue helping you reach your business goals. 

Joseph Smith is a Chicago-based analyst on employment issues and has done some extensive research on the effects of COVID-19 on workers.