11/4/20 Update: New York State has issued a new travel advisory protocol outlined here, please visit this page to get the latest update
New York State has recently issued an Executive Order that impacts quarantine benefits under NY’s COVID-19 Emergency Paid Sick Leave. Here is how this new regulation may affect you.
Quarantine Benefits Eligibility for Travel Advisory Spots
The original law already stipulated that if you travel to a country for which the Centers for Disease Control and Prevention (CDC) has a level 2 or 3 travel health notice and upon return test positive for COVID-19, you would not be eligible for NY Emergency Paid Sick Leave benefits or any other paid benefits.
And now, effective June 25, 2020, if you voluntarily travel from NY State to US states on the travel advisory list, you would also not be eligible for NY’s Emergency Paid Sick Leave benefits or any other paid benefits under the following circumstances:
- The state you traveled to has a positive test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate, over a 7-day rolling average
- You went for reasons other than travelling as part of your employment or at the direction of your employer.
The states and territories on the travel advisory list are as follows and have been updated as of September 22, 2020:
- North Carolina
- North Dakota
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- West Virginia
This list is fluid and changes based on COVID-19 numbers. For the most current travel advisory list, please visit this link.
On the flip side, people visiting NY from any one of the above states must adhere to a mandatory 14-day quarantine. And a July 13, 2020 public health order requires visitors to submit a completed New York State Traveler Health form to officials at the airport or face a $2,000 fine for failure to complete the form. Travelers coming to New York via cars or trains must fill out the form online. Visitors can opt-out of submitting this tracing form by requesting a hearing with the NYS Department of Health. Get more information on this notification here.
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This blog post is for informational purposes only and is not intended to provide legal counsel. Please consult with an appropriate professional for legal and compliance advice. Any Emergency COVID-19 Paid Sick Leave, Disability Benefits Law (DBL) and/or Paid Family Leave (PFL) information is as of the blog post’s date stamp; it is based on the applicable statutes and regulation, and may change as regulations evolve or NY State issues guidance regarding regulations.