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June 28, 2023

Entitlement to paid COVID related quarantine leave requires an inquiry into the specific circumstances surrounding such request for leave

Petitioners in this combined proceeding pursuant to CPLR Article 78 and action for declaratory judgment, challenged the employer's determinations regarding the individual petitioners' paid leave requests after a period of quarantine or isolation due to COVID-19. The employer moved to dismiss the petition.

Citing Matter of Spence v New York State Off. of Mental Health, 211 AD3d 1430, the Appellate Division held that "the determination as to whether an individual ... is entitled to paid quarantine leave requires an inquiry into the specific circumstances surrounding such request for leave".

Click HERE to access the Appellate Division's decision posted on the Internet.

 

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