By Sharon Stiller, Rachel Gold and Joanna Topping
We know that you continue to have questions about interpreting the emergency laws. We have been fielding employment, tax credit, and other questions, and are here to answer your questions. We are also uniquely positioned because of our diverse collection of practice areas and colleagues with government experience to provide up to date information.
Many employers have had difficulty interpreting the new New York State coronavirus leave, especially in determining who qualifies. We have been advised that the Statewide order of mandatory closure will not be interpreted by the Department of Labor as an “order” that qualifies under the new Leave Law. Until your local Department of Health or other government entity has issued such an order, the statewide closure does NOT qualify as isolation or quarantine under the Law. The State Department of Health has provided templates and instructions to local Departments of Health so that they can issue their own orders which would activate the Leave Law.
Please note also that a medical professional recommendation of quarantine is not sufficient to activate the leave provisions. If you have a worker who has been given a precautionary diagnosis of quarantine or confirmed illness, they must apply to the local DOH to get an order mandating they stay home before they are entitled to the leave.
We remain here, ready to answer your questions. Please let us know if we can help.
Sharon P. Stiller, Esq.
160 Linden Oaks, Suite E
Rochester, New York 14625
Rachel Demarest Gold, Esq.
3 Dakota Drive, Suite 300
Lake Success, New York 11042
Joanna M. Topping, Esq.
81 Main Street, Suite 306
White Plains, New York 10601