An emergency paid sick leave bill giving mandatory sick leave for many employees with COVID-19 or under government-order quarantine related to the outbreak has passed in the State Senate.
The bill comes after state lawmakers and Governor Andrew Cuomo came to an agreement on Tuesday after uncertainties of whether the state legislature could fast-track high-priority bills like paid sick leave during the pandemic. Confirmed cases of coronavirus have reached 2,382 in the state as of Wednesday.
"The single most effective way to contain the spread of this virus is to ensure people who may have come into contact with it do not interact with others," Cuomo said in a statement.
The legislation will require that large employers—100 or more employees—and all public employers provide 14 days of paid sick leave.
Those with 11 to 99 employees, or with 10 or fewer employees but more than $1 million in net income, must provide five days of paid sick leave and then unpaid leave during the quarantine order.
Employers with less than 10 employees but a net income less than $1 million won't be required to offer paid sick leave, but their employees must be granted unpaid leave until the quarantine is lifted.
The bill also includes job protections for employees during the quarantine period.
While advocates applauded the paid sick leave deal, they also pointed out gaps in coverage for independent workers, especially delivery workers, who are expected to be an increasingly critical aspect of New York City life under a possible shelter-in-place scenario.
Make the Road New York's co-executive director Deborah Axt said Cuomo's announcement was a "critical step for working New Yorkers," but "while this package will help many people, it risks excluding large portions of working people across the state."
"Governor Cuomo and the legislature should also address the critical situation of independent contractors, small businesses, and immigrant workers who have had their incomes cut off or who are running the great personal risks, taking care of the delivery, food, healthcare and transportation needs of the rest of us in this terrifying time," Axt said in a statement.
Already, restrictions on restaurants and bars to shift to delivery and takeout have made servers and bartenders wonder where their next paycheck will come. Food vendors, many of whom are immigrants, have seen business plummet as New Yorkers stay home. Delivery cyclists are becoming "frontline workers" amid the crisis—but face their own safety issues without proper protective gear and paid sick leave, since many are independent contractors.
"It can't cover a worker who doesn't have a boss," said State Senator Jessica Ramos, the sponsor of the bill, writing in a tweet the emergency bill is "far from perfect."
"If you don't have an employer, then you don't have a person to pay your sick leave," she told Gothamist. "That's the big hurdle with freelancers and app workers."
"That's the problem, because who's going to pay them paid sick leave if under the eyes of the law they are independent contractors?" she said. Ramos is not ready to discuss how to fill that gap for those workers.
"Right now, the number one priority is getting the medical emergency in control," Ramos said. "We are addressing all of the issues that have risen out of the consequences of coronavirus as soon as we can."
Co-founders of A Better Balance Sherry Leiwant and Dina Bakst said in a statement: "In this time of crisis, the new law will help New Yorkers to follow New York State’s and the CDC’s recommendations to protect their own health and the health of their loved ones, while also protecting the health of the public as a whole."
A broader paid sick leave mandate is expected to pass as a part of the budget, according to Ramos. A draft of the bill that Cuomo's office released shows that sick leave would be between five and seven days a year for paid time-off, except for employers with four or fewer workers. New York City has had five days of mandated paid sick leave since 2014.
"By guaranteeing a permanent right to job-protected paid sick time, New York lawmakers also recognize that we need to protect the health and economic security of our working families beyond national emergencies," the co-founders added. "New York’s law should serve as a model for other states around the country seeking to ensure the health and safety of their citizens."
As a part of broader efforts to mitigate financial impacts during the public health emergency, Cuomo and New York Attorney General Letitia James will also stop collecting state-owed medical and student debt through April 16th. After that, James's office will "reassess" for a "possible extension."
Those who qualify for the debt collection suspension include patients who owe state hospitals and veterans' homes and students who owe the State University of New York.