Plattsburgh, NY asked in Employment Discrimination and Employment Law for New York

Q: Can I be fired because I wasn’t able to come in to work due to quarantine in New York State?

Hello, my name is Brian I recently contracted COVID-19. I informed my manager of this inconvenience to which she replied. Thanks for the heads up. Two days later I get a message from her stating that other employees are sick and there is no coverage for the night I reply to her by saying I feel a little bit better, but I still have a majority of the symptoms, my boss text me at the same time and tells me to come in. I respond by saying the same thing I said to my manager. A couple days later the schedule for the following week comes out. My name is nowhere to be found on the schedule. I asked my manager, K.C., why my name isn’t on the schedule? as I’m done the quarantine. At this point I get no reply. I am currently without a job and have to support my two year old child.

2 Lawyer Answers
Michael Diederich Jr.
Michael Diederich Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Employment Law Lawyer
  • Stony Point, NY
  • Licensed in New York

A: Depending on the size of the employer and your length of employment, you may be protected by the federal Family Medical Leave Act, as well by parallel state or municipal law.

It would have been responsible--indeed, immoral-- for you to go to work while contagious with Covid-19. it may have been unlawful for your employer to have required this, especially if you do not work alone.

You should consult with a lawyer.

Marco Caviglia
Marco Caviglia
  • Lagrangeville, NY
  • Licensed in New York

A: New York’s paid sick leave law requires employers with five or more employees or net income of more than $1 million to provide paid sick leave to employees. Employers with fewer than five employees and a net income of $1 million or less must provide unpaid sick leave to employees. This new law is in addition to the New York State provisions already in effect providing emergency paid sick time due to COVID-19. Generally, employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year. Employers with 5-99 employees must provide up to 40 hours of paid sick leave per calendar year. If net income is $1 million or less, employer must provide up to 40 hours of unpaid sick leave. Contact a labor law attorney to discuss you matter specifically.

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