Asked in Employment Law for New York

Q: I tested positive for covid. I have to miss work for 10 days. Does my employer have to pay me?

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
  • New York, NY
  • Licensed in New York

A: Maybe. Depends on your employer. See this link:

If you work in any of New York City's Boroughs see this link:

Generally, smaller employers (fewer than 5) or those with net incomes under a million dollars only need to provide unpaid leave up to 40 hours.

It's unfortunate that you came down with COVID after being vaccinated. Many employers are letting unvaccinated employees go if the employer has a mandatory vaccination policy which it applies to all. An unvaccinated employee working for a larger employer may recover paid sick leave. But job security could be impacted without vaccination, plus the uncertainty of unemployment benefits.

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