Post by Nadica (She/Her) on Jun 28, 2024 9:00:54 GMT
Governor Hochul Abruptly Ends COVID Sick Leave for NY State Employees - Published June 25, 2024
After Governor Kathy Hochul proposed ending the paid sick days that New Yorkers infected with COVID-19 have been guaranteed since the beginning of the pandemic, a budget deal with the state legislature agreed to the change but pushed back the date of the repeal to next year.
But the state has stripped away COVID sick leave from its own employees, effective immediately. The state's Office of Employee Relations informed executive agencies in March that the hundreds of thousands of New Yorkers who work for the state would no longer get additional COVID-specific sick days.
"The decision to circumvent state law makes all employees and the public that has to interact with us less safe," said one state worker, who asked for anonymity because they aren’t authorized to speak to the press. "The government should be leading by example here and making it easier for state employees to stay home when infectious with COVID to avoid making others sick."
The change was announced in an email sent to employees at the MTA last month. "Employees are required to use their personal sick leave if they are too ill to report to work," says the email, which was obtained by Hell Gate.
"I'm pretty disappointed," said one MTA worker who received the notice, who also asked for their name to be withheld because they weren't authorized to speak to the press.
But the transit worker added they were not surprised, saying the agency has done a poor job protecting workers throughout the pandemic, including ending most remote work in early 2022.
"I expected this once the official health emergency ended. Frankly I'm surprised the old policy survived as long as it did given how reluctant this place was to accommodate COVID at all," the employee said.
A state law passed at the beginning of the pandemic in 2020 required public employers, as well as private employers with 100 or more workers, to offer 14 days of paid sick leave to workers infected with COVID-19—on top of any regular paid time off the employer may offer. Businesses with 11 to 99 employees had to offer five paid sick days, which were also available if a worker’s child got COVID.
Hochul proposed ending the benefit in her executive budget early this year. The legislature agreed, but pushed back the effective date to July 31, 2025.
In March, the CDC ended the requirement to isolate for five days after testing positive for COVID. Instead, it said people should stay isolated until they have been fever-free for 24 hours and their symptoms are improving.
The workaround the state is using to roll back sick days for its workers despite the law is that it will only offer the benefit if an official order of quarantine or isolation is issued by a public health agency. Since that isn’t happening, the paid sick days have effectively disappeared. A quarantine order was required when the sick day policy was first implemented at the beginning of the pandemic, but it was soon tweaked to allow workers to self-attest that they tested positive for COVID.
"Unless such an order has been authorized, individuals who absent themselves from work must charge appropriate accrued leave credits if they choose to have their absence covered with pay," Office of Employee Relations spokeswoman Erin McCarthy told Hell Gate.
According to OER's website, the office acts "as the governor's representative in employee relations matters for the executive branch of state government." A representative from Governor Hochul's office referred our questions back to OER.
Queens State Senator Jessica Ramos, chair of the Labor Committee, condemned the move to end the additional sick leave for state workers. "That’s terrible," she said. "It’s wrong to end the leave, particularly when we know so many are not only contracting coronavirus still, but dealing with the possibility of longterm COVID.” Studies have shown that people who rest while sick with COVID are less likely to suffer longterm illness.
"It’s the protection a sick worker [needs] so that they can have peace of mind to recover and continue to provide for their families," Ramos said. "This is dangerous medically and economically for the family."
COVID-19 cases are again on the rise in New York. Statewide, the number of recorded cases has increased five-fold since April, though they are still below levels reached this past winter.
The MTA’s email says the agency no longer requires employees to isolate for five days following a positive COVID test, but fails to mention that they should still stay home until they’ve been fever-free for a day and symptoms are getting better.
Most employees have to get a doctor’s note if they’re out for more than two days, the worker said.
"The safety and well-being of all employees is a top priority, as is reflected in the Authority’s sick leave benefits. The MTA’s updated COVID-19 sick leave policy is in compliance with New York State law and has been updated in accordance with the latest guidance from the CDC and NYS Department of Health," said MTA spokesman Aaron Donovan.
After Governor Kathy Hochul proposed ending the paid sick days that New Yorkers infected with COVID-19 have been guaranteed since the beginning of the pandemic, a budget deal with the state legislature agreed to the change but pushed back the date of the repeal to next year.
But the state has stripped away COVID sick leave from its own employees, effective immediately. The state's Office of Employee Relations informed executive agencies in March that the hundreds of thousands of New Yorkers who work for the state would no longer get additional COVID-specific sick days.
"The decision to circumvent state law makes all employees and the public that has to interact with us less safe," said one state worker, who asked for anonymity because they aren’t authorized to speak to the press. "The government should be leading by example here and making it easier for state employees to stay home when infectious with COVID to avoid making others sick."
The change was announced in an email sent to employees at the MTA last month. "Employees are required to use their personal sick leave if they are too ill to report to work," says the email, which was obtained by Hell Gate.
"I'm pretty disappointed," said one MTA worker who received the notice, who also asked for their name to be withheld because they weren't authorized to speak to the press.
But the transit worker added they were not surprised, saying the agency has done a poor job protecting workers throughout the pandemic, including ending most remote work in early 2022.
"I expected this once the official health emergency ended. Frankly I'm surprised the old policy survived as long as it did given how reluctant this place was to accommodate COVID at all," the employee said.
A state law passed at the beginning of the pandemic in 2020 required public employers, as well as private employers with 100 or more workers, to offer 14 days of paid sick leave to workers infected with COVID-19—on top of any regular paid time off the employer may offer. Businesses with 11 to 99 employees had to offer five paid sick days, which were also available if a worker’s child got COVID.
Hochul proposed ending the benefit in her executive budget early this year. The legislature agreed, but pushed back the effective date to July 31, 2025.
In March, the CDC ended the requirement to isolate for five days after testing positive for COVID. Instead, it said people should stay isolated until they have been fever-free for 24 hours and their symptoms are improving.
The workaround the state is using to roll back sick days for its workers despite the law is that it will only offer the benefit if an official order of quarantine or isolation is issued by a public health agency. Since that isn’t happening, the paid sick days have effectively disappeared. A quarantine order was required when the sick day policy was first implemented at the beginning of the pandemic, but it was soon tweaked to allow workers to self-attest that they tested positive for COVID.
"Unless such an order has been authorized, individuals who absent themselves from work must charge appropriate accrued leave credits if they choose to have their absence covered with pay," Office of Employee Relations spokeswoman Erin McCarthy told Hell Gate.
According to OER's website, the office acts "as the governor's representative in employee relations matters for the executive branch of state government." A representative from Governor Hochul's office referred our questions back to OER.
Queens State Senator Jessica Ramos, chair of the Labor Committee, condemned the move to end the additional sick leave for state workers. "That’s terrible," she said. "It’s wrong to end the leave, particularly when we know so many are not only contracting coronavirus still, but dealing with the possibility of longterm COVID.” Studies have shown that people who rest while sick with COVID are less likely to suffer longterm illness.
"It’s the protection a sick worker [needs] so that they can have peace of mind to recover and continue to provide for their families," Ramos said. "This is dangerous medically and economically for the family."
COVID-19 cases are again on the rise in New York. Statewide, the number of recorded cases has increased five-fold since April, though they are still below levels reached this past winter.
The MTA’s email says the agency no longer requires employees to isolate for five days following a positive COVID test, but fails to mention that they should still stay home until they’ve been fever-free for a day and symptoms are getting better.
Most employees have to get a doctor’s note if they’re out for more than two days, the worker said.
"The safety and well-being of all employees is a top priority, as is reflected in the Authority’s sick leave benefits. The MTA’s updated COVID-19 sick leave policy is in compliance with New York State law and has been updated in accordance with the latest guidance from the CDC and NYS Department of Health," said MTA spokesman Aaron Donovan.