New York COVID-19 Quarantine or Isolation Order Leave Policy
The safety and well-being of our employees and their families is the top priority of Platinum Home Health Care. Our leadership team is continuing to closely monitor rapid developments on Coronavirus (COVID-19) and is assessing the situation.
Pursuant to the legislation passed by the State of New York on March 18, 2020, effective March 18, 2020, employees who are subject to a mandatory or precautionary order of quarantine or isolation issued by the State of New York, the Department of Health, a local board of health or any other governmental entity that is duly authorized to issue such an order due to COVID-19 (“COVID-19 Order”) may be entitled under New York State law to certain paid or unpaid time off, as well as paid benefits. The purpose of this policy is to describe the leave the Company will provide in accordance with New York law, as well as the benefits to which employees may be entitled in connection with the law.
Employee Eligibility and Exceptions
An employee is eligible for paid leave and benefits under this policy if they are subject to a COVID-19 Order, with the following exceptions:
Employees are not eligible for leave under this policy or other paid benefits described in this policy if:
They are subject to a COVID-19 Order because they have returned to the United States after traveling to a country for which the Centers for Disease Control and Prevention has issued a level two or level three travel health notice.
That travel was not taken as part of the employee’s employment or at the direction of the Company; and
The employee was provided notice of the CDC’s travel health notice and its implications for paid sick leave and other paid benefits.
Under these circumstances, the employee will be allowed to use any available accrued leave and, to the extent no such leave is available, will be allowed to take unpaid sick leave for the duration of the COVID-19 Order.
Employees are also not eligible for the sick leave or benefits described in this policy if, though subject to a COVID-19 Order, they are still able to work through remote access or other means and are either asymptomatic or have not yet been diagnosed with a medical condition.
Amount and Use of Paid Leave
Eligible employees shall be eligible to receive up to 14 days of paid sick quarantine or isolation order paid leave during the pendency of a COVID-19 Order. This leave will be in addition to, and not concurrent with, any other available accrued sick leave. Note, leave pursuant to this policy will not be provided if an employee independently decides or is advised by a health care professional to self-quarantine or self-isolate in the absence of a COVID-19 Order; however, in such circumstances, an employee may be able to use existing accrued sick days or vacation days as applicable if they choose. Please also note that pursuant to the New York City Earned Safe and Sick Time Act or the Westchester County Earned Sick Leave Law, employees with scheduled working hours may also be eligible to use accrued, available sick leave for, among other covered uses of sick time, attending health care appointments, recovering from COVID-19 symptoms, and/or providing care for a family member or covered-relation.
Paid leave will be provided in an amount that the employee would have otherwise received had they been continuing to work for the 14-day period based upon the amount that the employee was scheduled or would have been scheduled to work.
The Company will not discharge, threaten, penalize or in any other manner discriminate or retaliate against an employee because they have taken quarantine order leave in accordance with this policy.
Please send us a copy of the COVID-19 Order as soon as possible.
Mandatory or Precautionary Orders of Quarantine or Isolation That Last Longer Than 14 Days
If the COVID-19 Order’s quarantine or isolation extends beyond 14 days:
Employees may use their accrued sick or vacation day bank, should they choose.
To ensure that employees are able to maximize their available time at full pay, we will be temporarily waiving our standard accrued sick day or vacation day bank approval protocols in the case of days required for compliance with a COVID-19 Order.
An employee impacted by COVID-19 who is suffering from a serious health condition or is caring for a family member suffering a serious health condition, may be eligible for additional unpaid leave under the Family and Medical Leave Act. An employee who is caring for a family member suffering a serious health condition, including being afflicted by COVID-19, may also be eligible for New York Paid Family Leave Benefits. Furthermore, an employee whose health has been impacted by COVID-19 may be eligible for disability benefits administered by the State of New York. Please refer to the Company’s Family and Medical Leave and Paid Family Leave policies, or contact HR@platinumhhc.com or HR Director Geraldine Collado – Ext:239. Please note that the Company does not make decisions regarding employee eligibility under the Paid Family Leave or disability benefits.